A dispute having as its object the invalidity of a resolution of the general meeting for omitted convocation of a member, being subject to the regime of cure, may be referred to arbitrators, whereas only disputes relating to challenge of resolutions of the general meeting having an unlawful or impossible object pertain to rights which are not subject to disposition.
Challenge of an award pursuant to Article 829, paragraph 4, number 2, of the Code of Civil Procedure for violation of rules of law concerning the resolution of a preliminary question on non-arbitrable subject matter requires that the party indicate specifically what is the non-arbitrable preliminary question resolved by the arbitral tribunal and the rule of law violated.
The omission in the operative part of the award of express pronouncement of condemnation of the unsuccessful party to payment of costs must be raised by the interested party through the procedure for correction of material error to be proposed to the arbitrators themselves, not falling among the grounds for annulment of the award exhaustively indicated by law.