The extinction of administered arbitral proceedings, declared by the arbitral institution on account of the litigants’ failure to pay the advance on fees required for the constitution of the arbitral tribunal, rules out the persistence of a contractual bond capable of founding the objection of inadmissibility or of lack of competence raised against a claim brought before the ordinary court, even though the arbitration agreement remains valid and effective.
The obligation to pay the advance on the costs of the arbitral proceedings is joint and several, with the consequence that a party wishing to prevent the extinction of the proceedings must take steps to pay the entire amount due, payment of its own share alone being insufficient.