The unsuccessful party in arbitral proceedings who considers the award vitiated by error is required to challenge it by the appropriate remedies, and the failure to challenge constitutes conduct causally relevant for the purposes of determining the loss arising from the award itself, within the meaning of Article 1227(2) of the Civil Code.
An arbitral award constitutes a decision made by the arbitrator on the basis of an autonomous assessment of the evidence obtained and application of the applicable rules, so that there is no relationship of immediate and direct causation between the testimony or expert reports submitted by party-appointed experts in the arbitral proceedings and the operative content of the award.
No extra-contractual (tortious) liability under Article 2043 of the Civil Code lies against party-appointed experts for the assessments and conclusions expressed in the course of arbitral proceedings, where the award is founded on the arbitrator's autonomous evaluation of the body of evidence as a whole and not on uncritical adherence to the expert's submissions.
The attempt to obtain compensation for the loss resulting from an unsuccessful arbitration outcome by means of a liability action against third parties, without having first challenged the award considered unjust, constitutes an inadmissible circumvention of the binding effect of the arbitral award.