In the context of an application to set aside an arbitral award for nullity, where the arbitration agreement was concluded prior to the 2006 reform, the former regime of art. 829 of the Code of Civil Procedure applies, which permits a challenge to the award also for misapplication of rules of law.
The contractor’s obligation to enter a reservation arises at the time when the prejudice becomes concretely perceivable and not necessarily at the first occurrence of the harmful event; accordingly, the entry of the reservation in the first accounting document available after that time must be regarded as timely.