In proceedings for objection pursuant to Article 825, paragraph 3, of the Code of Civil Procedure against the decree of enforceability of an arbitral award, the appellate judge cannot order the suspension of the enforcement effect of the contested measure, since Article 739 of the Code of Civil Procedure, which is referenced by the objection procedure rules, does not provide for such suspensive power.
The objection procedure pursuant to Article 825, paragraph 3, of the Code of Civil Procedure concerns exclusively the decree that declared the arbitral award enforceable and not the award itself, so that any application for suspension of the enforcement effect of the award must be made in the separate nullity challenge proceedings under Article 830, final paragraph, of the Code of Civil Procedure.
The suspension of the enforcement effect of an arbitral award may only be sought in the course of proceedings challenging the same for nullity pursuant to Article 830, final paragraph, of the Code of Civil Procedure, and not in objection proceedings against the decree of enforceability pursuant to Article 825, paragraph 3, of the Code of Civil Procedure.