In matters of institutional arbitration, where arbitrators make the continuation of proceedings conditional upon advance payment of foreseeable costs, failure to pay the cost deposit within the fixed term determines ipso iure, pursuant to article 816 septies of the Code of Civil Procedure, the dissolution of the obligation arising from the arbitration agreement, limited to the dispute which gave rise to the arbitral proceedings, without requiring any declaration to that effect by the arbitrators.
Where a dispute is referred to an arbitral tribunal, the value thereof, relevant for the purposes of determining the compensation due to the arbitrators, is determined a priori on the basis of the petitum, without any effect being produced by the award rendered by said tribunal, even if merely declaring the claim inadmissible or that there are procedural bars to its consideration, given that a hypothetical criterion for ex post determination of the value of the case based on the actual decisum would be inconsistent with the rules established in the Code of Civil Procedure.