This article deals with the advance on arbitration costs and the consequences of its default from the perspective of arbitration rules and arbitral and judicial awards. It concludes that parties shall advance amounts for payment of the arbitration costs, according to the applicable arbitration rules, and that an unjustified default of such obligation might entail a breach of the arbitration agreement. Thus, arbitral tribunals, with precedence over state courts and arbitration institutions, must decide controversies related to the unjustified lack of advance on cost, and may order the recalcitrant party to perform such obligation, in order to comply with the respective arbitration clause.
Revista Brasileira de Arbitragem