Jurisdiction is assessed by reference to the law in force and to the state of facts existing at the time the claim is brought, pursuant to art. 5 cod. proc. civ.; accordingly, the operation of an arbitration clause validly agreed at the time the proceedings were commenced deprives the ordinary court seised of jurisdiction, irrespective of subsequent events in the arbitral proceedings.
A ruling that the arbitral proceedings cannot be continued because the parties failed to advance the costs of the arbitration requested by the arbitrators entails, under art. 816 septies cod. proc. civ., the dissolution ex lege of the arbitration agreement in respect of the dispute which gave rise to those proceedings, so that the dispute may be brought again before the State courts.