Regulation concerning the exercise of arbitration, expert, and mediation mandates in the private sphere by judicial magistrates

1 The acceptance by a magistrate of an arbitral mandate, whether as an expert or mediator in the private sphere, requires authorization from the Department of Institutions.

2 Authorization may only be granted if

a) the nature and importance of the mandate justify the involvement of a magistrate;

b) the exercise of the mandate does not compromise either the prestige or the independence of the judiciary;

c) the mandate, taking into account the time necessary for its execution, does not prevent the applicant from fully dedicating themselves to the judicial function to which they are assigned.

As a rule, one authorization per year is granted to each magistrate, and the conduct of one arbitration or expert appraisal at a time is authorized, provided, however, that the workload arising for the magistrate from their judicial function and from other activities for the public body and in the private sector allows it.

Authorization Procedure

1 The application, to be submitted preventively, must contain all necessary information regarding the nature, object, and value of the intended activity, its precise function, the time likely required for its execution, the current workload of the applicant and their judicial office, as well as their current public appointments, whether permanent or temporary, and their activities in the private non-legal field.

2 The Department maintains a record of the authorizations granted, may request information on the progress of mandates, and has the power to revoke authorization for serious reasons.

3 The completion and termination of a mandate must be communicated to the Department; concurrently, the amount of income received must be disclosed to it.

The Department of Institutions requests the advance notice of the Council of the Judiciary and informs it once a year about the authorizations granted.

As a general rule, the use of cantonal premises and personnel is not permitted. Otherwise, it must be adequately compensated through payment to the cantonal treasury.

The present Regulation is published in the Official Bulletin of Laws and Executive Acts of the Canton of Ticino and enters into force immediately. [1]

Published in OB 2000, 299.

[1] Entry into force: September 1, 2000 – OB 2000, 299.