DCC 342/2007
This case considered if what the appealed judgment decided regarding the appointment of an accountancy expert as arbitrator, is a request submitted before her for the appointment of one arbitrator, and such decision shall not be deemed deficient if the appointment of the arbitrator is an expert in accountancy provided that it is possible for the court to refer to an expert from among its competences. Moreover, the appealed judgment, which reached this legally valid conclusion, the objection to this, shall not be well founded.
The basis for the fact the decision appointing the arbitrator is not subject to appeal is that its decision is limited to the appointment of an arbitrator.
However, if the decision touches upon the primary matters, such as the subject of the defences or perused upon the defences, then such decision may be appealed in its entirety.