Where the challenge for annulment of a ritual arbitral award is brought before the court of first instance rather than the court of appeal, the principle of transfer of proceedings does not apply, as the issue involves a lack of subject-matter jurisdiction, and the challenge is inadmissible.
Where the arbitrators have proceeded to render their decision in accordance with the forms set out in arts. 806 ff. cod. proc. civ. without the parties having raised any objection, the award must be classified as a ritual award and the sole means of challenge is that provided by arts. 827 ff. cod. proc. civ. before the court of appeal, irrespective of the classification of the arbitration contained in the arbitration clause.