A settlement reached between the parties during the pendency of proceedings to set aside an arbitral award, where such settlement is not novative in character with respect to the obligations established by the award, gives rise to lis pendens between the proceedings to set aside the award and the subsequent proceedings concerning the performance of the settlement itself, on the ground that the determination of the non-novative nature of the settlement constitutes a necessary logical-legal prerequisite of the decision and, as such, is capable of acquiring the force of res judicata as against third parties pursuant to Article 2909 of the Civil Code.