272 ZPOCPC

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Art. 369 Swiss Civil Procedure Code (CPC) - Challenge procedure

CPC; Part 3 Arbitration; Title 4 Challenge, Removal and Replacement of Arbitrators

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The parties may freely agree on the challenge procedure. Unless the parties have agreed otherwise and if the arbitration proceedings have not yet been concluded, written notice of the challenge stating the grounds must be given to the challenged member of the arbitral tribunal and the other members of the arbitral tribunal within 30 days of the date on which the challenging party becomes aware of the grounds for the challenge or could have become aware thereof had it exercised due diligence. {note: Amended by Annex No 2 of the FA of 19 June 2020, in force since 1 Jan. 2021 ( AS 2020 4179; BBl 2018 7163).} The challenging party may within 30 days of filing the challenge request a decision by the body designated by the parties or, if no such body has been designated, by the state court that has jurisdiction under Article 356 paragraph 2. {note: Amended by Annex No 2 of the FA of 19 June 2020, in force since 1 Jan. 2021 ( AS 2020 4179; BBl 2018 7163).} Unless the parties have agreed otherwise, the arbitral tribunal may continue with the arbitration during the challenge procedure and make an award without excluding the challenged arbitrator. The decision on the challenge may be contested only once the first arbitral award has been made.

Art. 369 CPC · Challenge procedure

The parties may freely agree on the challenge procedure.

Unless the parties have agreed otherwise and if the arbitration proceedings have not yet been concluded, written notice of the challenge stating the grounds must be given to the challenged member of the arbitral tribunal and the other members of the arbitral tribunal within 30 days of the date on which the challenging party becomes aware of the grounds for the challenge or could have become aware thereof had it exercised due diligence.

The challenging party may within 30 days of filing the challenge request a decision by the body designated by the parties or, if no such body has been designated, by the state court that has jurisdiction under Article 356 paragraph 2.

Unless the parties have agreed otherwise, the arbitral tribunal may continue with the arbitration during the challenge procedure and make an award without excluding the challenged arbitrator.

The decision on the challenge may be contested only once the first arbitral award has been made.

← Art. 368 CPC Swiss Civil Procedure Code (CPC) - Subject matter Art. 370 CPC →

Court Decisions Applying This Provision (37)

PG210004 · zh (Art. 369 Abs. 3 ZPO)

Arbitrator Disqualification Denied Due to Unavoidable "Duzen" with Counsel

Governs the procedure for deciding on the challenge of an arbitrator when parties have not agreed otherwise, and the appeal was made under this provision.

PG190002 · zh (Art. 369 Abs. 3 ZPO)

Arbitrator Disqualification Denied Due to General Political Activity in Labor Dispute

Cited in the reasoning section leading up to the decision on the merits, although the substantive part of the decision relies on the finding that no grounds for rejection exist under Art. 367 ZPO.

PG190002 · zh (Art. 369 Abs. 5 ZPO)

Arbitrator Disqualification Denied Due to General Political Activity in Labor Dispute

Cited in the reasoning section regarding the appealability of the decision, which justifies the finality of the decision not being subject to immediate appeal.

SG.2019.1 · sg (Art. 369 Abs. 5 ZPO)

Application to Remove Arbitration Chairman Denied Due to Procedural Delays

Cited in connection with the possibility of challenging the removal decision indirectly in a subsequent appeal.

SG.2019.1 · sg (Art. 369 Abs. 5 ZPO)

Application to Remove Arbitration Chairperson Dismissed Amidst Procedural Delays

This provision is cited regarding the indirect appeal route against the decision on removal.

PG170002 · zh (Art. 369 Abs. 3 ZPO)

Challenge to Arbitral Secretariat Official Jurisdiction

This provision was discussed in relation to the court's jurisdiction but was ultimately superseded by the finding of a contrary agreement.

PG170002 · zh (Art. 369 Abs. 5 ZPO)

Challenge to Arbitral Secretariat Official Jurisdiction

Cited in the reasoning concerning the appealability of the decision, but not explicitly in the final orders.

PG120007 · zh (Art. 369 Abs. 3 ZPO)

Arbitrator Bias Claim Rejected in Partnership Dissolution Valuation Dispute

Cited in the reasoning for the basis of the appeal decision, which the court subsequently issues.

PG110009 · zh (Art. 369 Abs. 5 ZPO)

Arbitrator Disqualification Based on Prior Association with a Party

Cited in the reasoning section regarding the appealability of the decision, but not explicitly in the final orders (Art. 1, 2, 3).

PG110009 · zh (Art. 369 ZPO)

Arbitrator Disqualification Based on Prior Association with a Party

This procedural article governed the decision regarding the challenge of the arbitrator, as the parties had not regulated the procedure otherwise.

ERZ 2011 18 · gr (Art. 369 Abs. 5 ZPO)

Arbitrator Disqualification and Replacement in Multi-Member Tribunal

This article establishes that the decision itself cannot be appealed independently.

ERZ 2011 18 · gr (Art. 369 Abs. 5 ZPO)

Challenge to Arbitrator Appointment and Constitution of Tribunal

Cited to state that the decision itself cannot be independently appealed.

205.II · vd (Art. 369 al. 4al. 1 CPC)

Appeal of Protective Order Dismissed for Procedural Deficiency

This provision likely defines the type of appeal that should have been lodged against the appellate court's decision, justifying the current recourse's inadmissibility based on procedural grounds.

143.II · vd (Art. 369 al. 4 CPC)

Appeal on Protective Marital Measures Inadmissibility

This provision defines the appellate instance (Tribunal d'arrondissement) as the final instance for protective measures in marital union matters, which determined the type of appeal admissible before this court.

103.II · vd (Art. 369 al. 4 CPC)

Inadmissibility of Recourse for Reform Against Appellate Decision on Protective Measures Due to Untimely Filing and Improper Appeal Type

The appeal was declared inadmissible based on this provision, which limits the available remedy against the judgment on appeal in matters of protective measures for conjugal union.