In the matter of the challenge of the arbitral award, the provisions of arts. 347, co. 3, cod. proc. civ. and 123-bis disp. att. cod. proc. civ. concerning the transmission of the file of the court of first instance do not apply, given that arbitral proceedings, being conducted in a private and non-judicial forum, do not envisage a court of first instance or a court file of which the transmission might be requested.
In the matter of the challenge of the arbitral award, the nullity provided for by art. 829, co. 1, n. 5, cod. proc. civ. subsists only where the reasoning is entirely absent or so deficient as not to permit an understanding of the logical process underlying the arbitral decision, or contains irreconcilable contradictions within the body of the reasoning or of the operative part such as to render the ratio of the decision incomprehensible; it follows that the defect cannot be established with regard to the extent of the judicial reduction of the contractual penalty pursuant to art. 1384 cod. civ., the determination of which is left to the broad discretion of the adjudicator, circumscribed by the adverb ‘equitably’.