With regard to appeals, where an objection based on an arbitration agreement has been expressly rejected by the first instance court, the party who prevailed on the merits and wishes to bring such objection before the appellate court is required to file a cross-appeal, it being insufficient to merely re-submit the objection pursuant to Article 346 of the Code of Civil Procedure, which may only be used when the objection has not been subject to any examination, whether direct or indirect, by the first instance court.