Regarding the challenge of an arbitral award, a party seeking to invoke nullity of the award pursuant to article 829 no. 9 of the Code of Civil Procedure for violation of the right to be heard must specify the grounds for such challenge, and cannot limit itself to the mere assertion of its non-participation in the arbitral proceedings, being required to substantively refute the contested findings of the arbitrators.
In matters of joint and several liability and arbitral proceedings, the joint and several liability of directors does not entail indivisibility of causes nor gives rise to necessary joinder, as the creditor may seek recovery in full from each individual co-debtor also in arbitral proceedings, unless the distinct positions of the co-debtors present objective structural interrelation under substantive law.
