No lis pendens exists between a dispute referred to arbitration and a claim pending before an ordinary court, even where the two sets of proceedings concern connected issues; lis pendens, within the meaning of Articles 39 et seq. of the Code of Civil Procedure, presupposes an identity of cause between proceedings pending before courts of the same order, a requirement that cannot be satisfied as between arbitral proceedings and ordinary-court proceedings (cf. Court of Cassation, Section 2, 30 July 2004, No. 14557; Court of Cassation, Section 1, 9 January 2008, No. 178).
The application of Article 295 of the Code of Civil Procedure to the simultaneous pendency of arbitral proceedings and ordinary-court proceedings is in any event excluded, even in the abstract, since the relationship of prejudiciality and dependence required to justify a stay is absent between such proceedings (cf. Court of Cassation, Section 6, 19 January 2016, No. 783; Court of Cassation, Section 6, 29 March 2019, No. 8870).
The proceedings for setting aside an arbitral award are subject to the rule of restricted grounds of challenge under Article 829 of the Code of Civil Procedure, so that issues decided by the arbitral tribunal may be reviewed by the Court of Appeal only in so far as they have been translated into a specific ground of challenge falling within those exhaustively provided by statute.