Scope of Application

**1. The Concordat is applicable to any proceedings before an arbitral tribunal seated in a Concordat canton.**

2. The application of differing arbitration rules of private or public law corporations and organizations, as well as arbitration agreements, is reserved, provided they do not contravene mandatory provisions of the Concordat.

3. The following provisions of the Concordat are mandatory: Article 2 paragraphs 2 and 3, Articles 4-9, 12, 13, and 18-21, Article 22 paragraph 2, Articles 25-29, Article 31 paragraph 1, Article 33 paragraph 1 letters a-f, paragraphs 2 and 3, and Articles 36-46.

1. The seat of the arbitration tribunal shall be at the place designated by agreement of the parties or by the body appointed by them, or in the absence of such choice, by a decision of the arbitrators.

2. If neither the parties nor the body appointed by them nor the arbitrators have designated this place, the arbitration tribunal shall have its seat at the location of the court that would be competent to adjudicate the matter in the absence of an arbitration agreement.

3. If multiple courts are competent in the sense of the preceding paragraph, the arbitration tribunal shall have its seat at the location of the judicial authority that is first seized pursuant to Article 3.

1. The higher ordinary civil court of the canton where the seat of the arbitration tribunal is located, is, subject to Article 45 paragraph 2, the competent judicial authority that

a) appoints the arbitrators if they have not been designated by the parties or by a body appointed by them;

b) decides on the rejection and dismissal of arbitrators and ensures their replacement;

c) extends the term of office of the arbitrators;

d) assists in the taking of evidence upon request of the arbitration tribunal;

e) receives the arbitral award for deposit and delivers it to the parties;

f) decides on nullity complaints and revision requests;

g) certifies the enforceability of the arbitral award.

1. The arbitration agreement is concluded as an arbitration contract or as an arbitration clause.

2. In the arbitration contract, the parties submit an existing dispute to an arbitral tribunal for adjudication.

3. The arbitration clause may only relate to future disputes that may arise from a specific legal relationship.

1. Subject of Arbitration Proceedings

Any claim that is subject to the parties' free disposition may be the subject of arbitration proceedings, provided that a state court does not have exclusive jurisdiction over the matter by virtue of a mandatory legal provision.

1. The arbitration agreement must be in written form.

2. It may arise from a written declaration of accession to a legal entity, provided that this declaration expressly refers to the arbitration clause contained in the statutes or in a regulation based thereon.

1. Any provision of an arbitration clause that prohibits the involvement of lawyers in arbitration proceedings as arbitrators, secretaries, or party representatives is void.

1. If the validity, content, or scope of the arbitration agreement is contested before the arbitral tribunal, the tribunal shall decide on its own jurisdiction by means of an interim or final decision.

2. The objection to the jurisdiction of the arbitral tribunal must be raised before entering into the merits of the case.

1. An interim decision in which the arbitral tribunal declares itself competent or incompetent is subject to an appeal for annulment as per Article 36 letter b.

1. The arbitral tribunal shall consist of three members, unless the parties have agreed on a different odd number, in particular on a sole arbitrator.

2. However, the parties may stipulate an arbitral tribunal composed of an even number of members, which may also decide without the appointment of a presiding arbitrator.

1. The parties may appoint the arbitrator or arbitrators by mutual agreement, either in the arbitration agreement or in a subsequent agreement. They may also have the arbitrator or arbitrators designated by an entity authorized by them.

2. If an arbitrator is not specified by name, but by position, the person holding that position at the time of the declaration of acceptance is considered appointed.

3. In the absence of an agreement or designation as referred to in paragraph 1, each party shall appoint an equal number of arbitrators; the arbitrators thus appointed shall unanimously select an additional arbitrator as the chairman.

4. If the arbitral tribunal consists of an even number of arbitrators, the parties must agree that either the chairman's vote decides in the event of a tie, or that the arbitral tribunal decides unanimously or by a qualified majority.

1. If the parties cannot agree on the appointment of the sole arbitrator, or if a party fails to appoint the arbitrator or arbitrators they are required to designate, or if the arbitrators cannot agree on the selection of the chairperson, then upon the application of one party, the judicial authority specified in Article 3 shall make the appointment, unless the arbitration agreement provides for another body to do so.

1. Arbitration Proceedings Are Pending

a) From the moment a party calls upon the arbitrator(s) designated in the arbitration clause;

b) If the arbitration clause does not designate the arbitrators: from the moment a party initiates the procedure for forming the arbitral tribunal as provided in the arbitration clause;

c) If the arbitration clause does not regulate the procedure for designating the arbitrators: from the moment a party requests the judicial authority provided for in Article 3 to appoint the arbitrators;

d) In the absence of an arbitration clause: from the signing of the arbitration agreement.

2. If the arbitration rules acknowledged by the parties or the arbitration agreement provide for a conciliation procedure, the initiation of said procedure is considered the commencement of the arbitration proceedings.

1. The arbitrators must confirm the acceptance of the office.

2. The arbitral tribunal is only constituted once all arbitrators have declared their acceptance of the office for the dispute submitted to them.

1. By mutual agreement of the parties, the arbitral tribunal may appoint a secretary.

2. The provisions of Articles 18-20 shall apply to the challenge of the secretary.

1. The parties may set a term for the office conferred upon the arbitral tribunal in the arbitration agreement or in a subsequent agreement.

2. In this case, the term of office may be extended for a specific period, either by agreement of the parties or upon the request of one party or the arbitral tribunal, through a decision by the judicial authority provided for in Article 3.

If one party submits such a request, the other party must be heard.

1. The parties may at any time file a complaint with the judicial authority provided for in Article 3 due to legal delay.

1. The parties may reject the arbitrators for the reasons for exclusion and rejection of federal judges as stated in the Federal Act of December 16, 1943, on the Organization of the Administration of Federal Justice, as well as for reasons provided in an arbitration rule or arbitration agreement recognized by them.

2. Furthermore, any arbitrator can be rejected if they are incapacitated or have served a sentence of imprisonment for a dishonorable crime or offense.

3. A party may only reject an arbitrator appointed by it for a reason that arose after the appointment, unless it can credibly demonstrate that it was unaware of the reason for rejection at that time.

1. The arbitral tribunal may be challenged if one party exerted a predominant influence on the appointment of its members.

2. The new arbitral tribunal shall be constituted in the manner provided for in Article 11.

3. The parties are entitled to appoint members of the challenged arbitral tribunal as arbitrators again.

1. The recusal must be requested at the commencement of the proceedings, or as soon as the applicant becomes aware of the grounds for disqualification.

1. In the event of a dispute, the judicial authority provided for in Article 3 shall decide on the challenge.

2. The parties shall be allowed to present evidence.

1. Each arbitrator may be removed by written agreement of the parties.

2. Upon application by a party, the judicial authority provided for in Article 3 may remove an arbitrator from office for important reasons.

1. If an arbitrator dies, is required to withdraw, is dismissed, or resigns, they shall be replaced in accordance with the procedure that was followed for their appointment or nomination.

2. If they cannot be replaced in this way, the new arbitrator shall be appointed by the judicial authority provided for in Article 3, unless the arbitration agreement is deemed to have lapsed by its content.

3. If the parties cannot agree on this matter, the judicial authority provided for in Article 3 shall decide, after hearing the arbitration tribunal, to what extent the procedural actions in which the replaced arbitrator participated remain valid.

4. If the term of office of the arbitration tribunal is limited, the running of this period shall not be suspended by the replacement of one or more arbitrators.

1. The procedure before the arbitral tribunal is determined by agreement of the parties or, in the absence of such an agreement, by decision of the arbitral tribunal.

2. If the procedure is neither established by agreement of the parties nor by decision of the arbitral tribunal, the Federal Act of December 4, 1947, on Federal Civil Procedure is applicable mutatis mutandis.

1. The chosen procedure must in any case ensure the equality of the parties and allow each of them to

a) be heard legally and, in particular, to present their factual and legal means of attack and defense;

b) access the files at any time within the framework of proper business conduct;

c) attend evidence proceedings and oral hearings ordered by the arbitration tribunal;

d) be represented or assisted by a representative of their own choice.

1. Only the state courts have jurisdiction to order provisional measures.

2. However, the parties may voluntarily submit to the provisional measures proposed by the arbitral tribunal.

1. The arbitral tribunal shall itself conduct the taking of evidence.

2. If the execution of an evidentiary measure is reserved to state authority, the arbitral tribunal may request the judicial authority provided for in Article 3 for its cooperation. This authority shall act in accordance with its cantonal law.

1. Intervention and Third-Party Notice Require an Arbitration Agreement Between the Third Party and the Disputing Parties.

2. They also require the consent of the Arbitral Tribunal.

1. If a party raises the defense of set-off and relies on a legal relationship which the arbitral tribunal cannot adjudicate on the basis of either the arbitration agreement or a subsequent agreement between the parties, the arbitration proceedings shall be suspended and the party who raised the defense shall be given a reasonable period to assert their rights before the competent court.

2. Once the competent court has rendered its decision, the proceedings shall be resumed at the request of a party.

3. If the term of office of the arbitral tribunal is limited, this period shall be suspended for as long as the arbitration proceedings are suspended.

1. The arbitral tribunal may require an advance for the estimated costs of the proceedings and make the conduct of the proceedings contingent upon the payment of such advance. It determines the amount of the advance for each party.

2. If a party does not pay the advance required from it, the other party may choose either to advance all the costs or to waive the arbitration. If it waives, the parties are no longer bound by the arbitration agreement with respect to this dispute.

1. All arbitrators must participate in the deliberations and votes.

2. The arbitral award is made by a majority vote, unless the arbitration agreement requires unanimity or a qualified majority (Article 11 paragraph 4 remains reserved).

3. The arbitral tribunal decides according to the rules of the applicable law, unless the parties have authorized it in the arbitration agreement to decide ex aequo et bono.

4. The arbitral tribunal may not award a party more or, unless special legal provisions allow it, something different than what has been claimed.

1. Unless otherwise agreed by the parties, the arbitral tribunal may decide through multiple arbitral awards.

1. The arbitral award shall include

a) the names of the arbitrators;

b) the designation of the parties;

c) the indication of the seat of the arbitral tribunal;

d) the claims of the parties or, in the absence of claims, a description of the issue in dispute;

e) unless the parties have expressly waived this: the presentation of the facts, the legal reasons for the decision, and, if applicable, considerations of equity;

f) the decision on the matter itself;

g) the decision on the amount and the allocation of the costs of the proceedings and the party compensations.

2. The arbitral award shall be dated and signed by the arbitrators. The signature of the majority of the arbitrators is sufficient if it is noted in the arbitral award that the minority refused to sign.

3. If the arbitral tribunal is only required to appoint arbitrators, then subsection 1, letter e is not applicable.

1. The existence of a settlement agreement between the parties that concludes the dispute shall be determined by the arbitral tribunal in the form of an arbitral award.

1. The arbitral tribunal shall arrange for the deposit of the arbitral award with the judicial authority provided for in Article 3.

2. The arbitral award shall be deposited in its original form and, in the case of paragraph 4, in as many copies as there are parties involved in the proceedings.

3. If the arbitral award is not drafted in one of the official languages of the Swiss Confederation, the authority with which it is deposited may require a certified translation.

4. This authority shall deliver the arbitral award to the parties and inform them of the date of deposit.

5. The parties may waive the deposit of the arbitral award. They may also waive the service of the arbitral award by the judicial authority; in this case, service shall be effected by the arbitral tribunal.

1. An appeal for annulment can be lodged against the arbitral award with the judicial authority specified in Article 3, in order to assert that

a) the arbitral tribunal was not properly constituted;

b) the arbitral tribunal wrongly declared itself competent or incompetent;

c) it decided on issues that were not submitted to it, or left legal claims unadjudicated (Article 32 is reserved);

d) a mandatory procedural provision within the meaning of Article 25 was violated;

e) the arbitral tribunal awarded a party more or something different, without specific legal provisions allowing it, than what was requested;

f) the arbitral award is arbitrary because it is based on manifestly incorrect factual findings or contains a manifest violation of law or equity;

g) the arbitral tribunal made a decision after the expiration of its term of office;

h) the provisions of Article 33 were disregarded or the award's wording is incomprehensible or contradictory;

i) the compensations set by the arbitral tribunal for the arbitrators are manifestly excessive.

1. The annulment appeal must be filed within 30 days after the delivery of the arbitral award.

2. It is only admissible after the exhaustion of the arbitral remedies provided in the arbitration agreement.

1. The nullity appeal does not have a suspensive effect. However, the judicial authority provided for in Article 3 may grant this effect upon the application of a party.

1. The judicial authority dealing with the nullity appeal may, after hearing the parties and if it deems it appropriate, remit the arbitral award to the arbitral tribunal and set a deadline for its correction or supplementation.

1. If the arbitral award is not remanded to the arbitral tribunal or not timely corrected or supplemented by it, the judicial authority shall decide on the application for annulment and, if granted, set aside the arbitral award.

2. The annulment may be limited to specific parts of the arbitral award, provided that the remaining parts are not dependent on those.

3. If the ground for annulment under Article 36 letter i is present, the judicial authority shall only set aside the cost award and shall itself determine the remuneration for the arbitrators.

4. If the arbitral award is annulled, the same arbitrators shall render a new decision, unless they are disqualified due to their participation in the previous proceedings or for another reason.

1. Revision may be requested

a) if the arbitral award has been influenced by actions that Swiss law declares punishable; these actions must be established by a criminal judgment, unless a criminal proceeding could not lead to a judgment for reasons other than lack of evidence;

b) if the arbitral award was made in ignorance of significant facts that occurred before the judgment, or of evidence that serves to prove significant facts, and the appellant for revision was unable to present these facts or evidence during the proceedings.

1. The petition for revision must be submitted to the judicial authority provided for in Article 3 within 60 days from the discovery of the ground for revision, but no later than five years from the notification of the arbitral award.

1. If the appeal is granted, the judicial authority shall remit the case to the arbitral tribunal for re-evaluation.

2. Arbitrators who are unable to serve shall be replaced in accordance with the provisions of Article 3.

3. If a new arbitral tribunal must be constituted, the arbitrators shall be appointed or designated in accordance with the provisions of Articles 10-12.

4. In the event of remittance to the arbitral tribunal, Article 16 shall apply mutatis mutandis.

1. Upon the request of a party, the judicial authority provided for in Article 3 shall certify that an arbitral award, which does not contradict Article 5, is enforceable in the same manner as a court judgment, provided that

a) the parties have expressly recognized it;

b) or no action for annulment has been filed within the period specified in Article 37, paragraph 1;

c) or no suspensive effect has been granted to a timely filed action for annulment;

d) or an action for annulment has been nullified or dismissed.

2. The certificate of enforceability shall be affixed at the end of the arbitral award.

3. The provisional enforcement of an arbitral award is excluded.

1. The cantons regulate the procedure before the judicial authority provided for in Article 3. The decision on the rejection, recall, and replacement of arbitrators shall be issued in summary proceedings.

2. The cantons are authorized to transfer the powers described in Article 3 letters a-e and g, in whole or in part, to a judicial authority other than the one provided for therein. If they make use of this option, the parties and the arbitrators may nonetheless validly submit their applications to the superior ordinary cantonal civil court.

1. Upon the enforcement of the concordat in a canton, all legislative provisions of that canton concerning arbitration are repealed, subject to Article 45.