For the validity of arbitral proceedings, it is essential that the adversarial principle be respected, meaning that the parties must be afforded the opportunity to present their positions, examine evidence, file written submissions, and become aware of the opposing party’s requests in useful time. Failure to participate in arbitral proceedings by a party who had knowledge thereof does not entail the nullity of the award.
An irregularity in the notification of the arbitral demand may be cured by subsequent appearance pursuant to Article 156(3) of the Code of Civil Procedure.
The nullity of an award on the ground of its having been rendered after the expiry of the time limit requires that the interested party notify the arbitrators and the other parties of its intention to invoke the expiry before the award is deliberated.
The objection regarding the manner of appointment of arbitrators in forms different from those provided for by the Code must be raised in the course of the arbitral proceedings.