Arbitrators may legitimately declare their own incompetence regarding certain claims while simultaneously deciding other claims on the merits, provided these involve legally distinct and autonomous rights, without this causing award nullity for violation of Article 829, paragraph 1, no. 4 of the Civil Procedure Code.
Shareholder liability under Article 2476, paragraph 8, of the Civil Code for intentionally harmful acts constitutes a legally distinct category from director liability, with consequent different evaluation of arbitration submission based on arbitration clause content.
Joint shareholder liability relative to director liability does not determine necessary joinder or technical prejudiciality in arbitration, allowing determination of shareholder conduct even when claims against directors are not arbitrable under arbitral clauses.
Challenges to arbitrator fees must follow specific procedures outlined in Article 814 of the Civil Procedure Code, with criticisms made outside such procedures being inadmissible, even when formulated within award challenge proceedings.
In arbitral awards, procedural costs are regulated according to the losing party principle, applicable also regarding parties for whom arbitral clauses do not operate with respect to specific actions, in relation to exclusion of clause operativity.