Legislator Case Law & Legislation
134.113 RBORBR CH-OW

Regulations on the Composition of the High Court (RBO) - Court Divisions (RBO)

7 Articles / Provisions · Switzerland · Canton of Obwalden
Open official source Machine-readable Markdown (.md)

Table of Provisions (7)

Statutory Text (7 Articles)

Sections and Proper Staffing

1. The court is divided into a Superior Court division and an Administrative Court division.

Sections and Regular Composition

1. The court usually sits as a panel of three judges.

Extraordinary Composition

1. The court shall convene in a panel of five judges for the allocation of judges to the divisions and for the issuance, amendment, repeal, or approval of regulations.

2. In special cases, particularly when an important change in practice or another matter of significant scope is to be assessed, the court presidency is entitled, at its discretion, to present the matter to the court for assessment in a panel of five judges. The parties cannot demand such a procedure.

Extraordinary Composition

1. In civil proceedings, the court sits as the sole cantonal instance or upon appeal against final decisions made in the first instance with a panel of five judges

a. if the amount in dispute exceeds CHF 1,000,000;

b. in family law disputes, if property-related claims exceeding CHF 1,000,000 are contested.

2. If the court has adjudicated a claim with a panel of five judges, it shall sit in the same composition upon a request for revision.

Extraordinary Composition

**1. In criminal proceedings, the court sits in a panel of five judges on appeal:**

a. for the assessment of crimes and misdemeanors for which the prosecution requests a sentence of more than two years' imprisonment, preventive detention under Article 64 of the Swiss Criminal Code (StGB), treatment under Article 59 paragraph 3 StGB, or, in the case of conditional sanctions to be revoked at the same time, deprivation of liberty of more than two years;

b. when civil claims exceeding CHF 1,000,000 are to be assessed.

**2. If the court, upon a request for revision, after having annulled the challenged decision in whole or in part, issues a new decision itself, it shall sit in a panel of five judges if it has previously adjudicated the matter in this composition.**

Extraordinary Composition

1. In litigation proceedings pursuant to Article 62 of the Law on Court Organization, the court convenes in a panel of five judges if the value in dispute exceeds CHF 1,000,000.

Extraordinary Composition

1. In appeal proceedings, the court sits in a panel of five members

a. in tax law, if taxes or tax fines exceeding CHF 1,000,000 are in dispute;

b. in construction and planning law, if planning involves an area of more than 10,000 m² or construction projects involve a construction sum exceeding CHF 10,000,000;

c. in expropriation law, if compensation exceeding CHF 1,000,000 is in dispute;

d. in procurement law, if the awarding sum exceeds CHF 10,000,000.

Need to analyze how this provision applies to your matter?

Cross-reference this statute against case law, commentaries, and related legislative provisions inside Legislator AI.

Open in Legislator →