Pursuant to Article 810, paragraph 3, of the Code of Civil Procedure, the review by the President of the Court of the appointment of the arbitrator is limited to the verification of territorial jurisdiction and to ascertaining that the arbitration agreement is not manifestly non-existent or does not manifestly provide for a foreign arbitration; any other defects in the appointment procedure constitute defects of the award and may be raised exclusively by means of the ordinary challenge of the award.
A party lacks standing to raise the invalidity of the appointment of the arbitrator made by the opposing party's legal representative on the ground of lack of authority to represent, it being open only to the represented party to object; where the represented party adopts the nomination of the arbitrator communicated by the legal representative and subsequently proceeds with the presidential appointment application, such conduct amounts to ratification of the act.
The appointment of the arbitrator does not constitute the initiating act of the arbitral proceedings, it being necessary for that purpose that the appointment be accompanied by the formulation of the claim or the explicit and complete expression of the relief sought.