The failure to pay the advances due to the arbitral tribunal, which results in a declaration of termination of the arbitration proceedings, causes the binding effect of the arbitration agreement to cease pursuant to Article 816-septies, paragraph 2, of the Code of Civil Procedure, with the consequent establishment of the jurisdiction of the ordinary court, even where the applicable arbitration rules do not contain an express reference to that provision, given that the statutory provision directly governs the matter and applies in any event by virtue of the general reference to the provisions of the Civil Code that may be contained in the articles of association.
