The objection regarding the arbitrator's lack of power of ius dicere constitutes a procedural objection that must be timely raised in the arbitral proceedings, on pain of waiver, and cannot be raised for the first time in the opposition to the award.
The arbitral award is void for contradictory provisions, pursuant to Article 829, paragraph 1, No. 11, Code of Civil Procedure, when the arbitrator expressly adheres to a legal position but in the operative part rules inconsistently with the principles affirmed.
Where nullity of the award is declared pursuant to Article 829 Code of Civil Procedure, the judge hearing the opposition decides the merits of the dispute ex Article 830, paragraph 2, Code of Civil Procedure, unless the parties have agreed otherwise.
The statutory arbitration clause that provides for the referral to arbitration of disputes between shareholders and the company concerning available rights relating to the corporate relationship includes disputes relating to the restitution of shareholder loans.