Following the judgment of the Constitutional Court No. 223/2013, which declared the constitutional illegitimacy of Article 819-ter, paragraph 2, of the Code of Civil Procedure insofar as it excluded the applicability to the relationship between arbitration and court proceedings of rules corresponding to Article 50 of the Code of Civil Procedure, the resumption of proceedings before arbitrators is governed by such provision, with the time limit running from the communication of the judgment declaring the lack of jurisdiction of the ordinary court in favour of the arbitrators.
The failure to resume proceedings before arbitrators within the time limit provided for by Article 50 of the Code of Civil Procedure does not result in the invalidity of the claim, but in the extinction of the proceedings, which may be raised even by the court of its own motion, and prevents the preservation of the substantive and procedural effects of the claim, including the interruption of the limitation period.
The challenge of an arbitral award for failure to rule on procedural objections is inadmissible when it is not demonstrated that the issue had been previously raised before the arbitrators, as the Court of Appeal is not required to rule on criticisms not adequately raised in the previous instance.