Implementing provisions on the conciliation authority - Scope

1. These implementing provisions apply to the conciliation authority insofar as it performs tasks of the Civil Procedure Code (CPC). They apply correspondingly if the legislation assigns it additional conciliation tasks.

1. The procedure of the conciliation authority is governed by the Code of Civil Procedure, unless another procedural law is applicable.

1. The customary termination dates (Art. 266b et seq. of the Swiss Code of Obligations [CO]) and the competent authority for safeguarding the right of retention (Art. 268b CO) are regulated by the Ordinance on the Introduction of the Federal Act on the Swiss Code of Obligations.

1. There is a conciliation authority for the canton. Its seat is in Sarnen.

1. The conciliation authority is considered a department of the Office of Justice. However, it operates independently of the administration in terms of subject matter and personnel.

2. The conciliation authority consists of the presidency and at least eight members. The composition of the members is as follows

1. Two representatives from each of the landlord and tenant sides;

2. One representative each from the employer and employee sides. An equal number of members must belong to the private and public sectors;

3. Additional representations as mandated by law.

3. The government council elects a vice-presidency from among the members.

4. The remuneration of the members is determined according to Article 11 of the Authority Act.

1. The Presidium is responsible for all tasks that are not assigned to the Secretariat. In particular, these tasks include

1. Legal advice;

2. Decision on legal aid;

3. Initiation and conduct of proceedings, including mediation attempts;

4. Conclusion of proceedings through settlement, authorization to sue, proposal for judgment, or decision.

2. The Vice-Presidium represents the Presidium in its incapacity, particularly due to disqualification, illness, or absence.

3. The Presidium keeps the minutes. It may delegate the minute-taking at the proceedings to a member of the conciliation authority.

1. The Secretariat performs the following administrative tasks

1. correspondence;

2. business control;

3. accounting;

4. form management;

5. communications.

2. The Secretariat may be managed by the Office of Justice.

3. In this case, the appointment as Secretariat in arbitration proceedings (Art. 365 para. 1 CPC) can only occur with the consent of the head of the office.

1. As a general rule, the negotiations take place at the seat of the conciliation authority.

2. Exceptionally, the negotiations may be conducted in Engelberg if a party requests this and there is a connection due to the residence of a party, the legal request, or the subject matter of the dispute.

3. The premises for the negotiation are to be provided by the municipal community of Engelberg.

1. The conciliation authority is the legal advisory body within the meaning of Art. 201 para. 2 of the Civil Procedure Code (CPC).

2. The advice is carried out by the presidency. It is provided orally or in writing. There is no entitlement to written advice.

3. The advice is free of charge.

1. The Presidium approves the forms for notification of terminations (Art. 266l and 298 CO) and rent increases (Art. 269d CO).

2. The forms are to be obtained from the municipal offices as well as from the secretariat of the conciliation authority.

3. In the case of Art. 270 para. 2 CO, the Presidium decides on the mandatory use of the form according to Art. 269d CO when concluding a new lease agreement.

1. The deposit of the rent pursuant to Art. 259g of the Swiss Code of Obligations (OR) must be made with the Obwalden Cantonal Bank.

2. Upon presentation of a certificate from the conciliation authority, the deposited rent may be paid out to the entitled party.

3. In the event of a deposit of the rent, the court must communicate its decision regarding the rent claim to the conciliation authority.

1. The Secretariat shall report semi-annually to the Federal Department of Economic Affairs on the activities of the Conciliation Authority.

2. The court shall deliver its judgments on contested rents and other claims of landlords to the Federal Department of Economic Affairs.

1. The implementing provisions of the Federal Act on the Rental and Lease of Residential and Commercial Premises of June 26, 1990, are repealed.

1. These Implementation Provisions shall enter into force on January 1, 2011.