Where the ordinary court has declared by order its own lack of competence in favour of the arbitral tribunal, and that order has not been challenged, it becomes final as to arbitral competence for all parties to the proceedings, including guarantors, so that arbitral competence may not form the subject of a fresh ground of challenge when appealing the award.
Nullity of the procedure for the appointment of arbitrators under Article 829(1)(2) of the Code of Civil Procedure must be raised in the course of the arbitration and may not be pleaded for the first time on challenge of the award, the time-bar under Article 829(2) of the Code of Civil Procedure applying, whereby a party that has not raised in due time during the arbitral proceedings any violation of the rules governing those proceedings may not challenge the award on that ground.