In­de­pend­ent ac­tions are de­cided in sim­pli­fied pro­ceed­ings.

¹ The court shall in­vest­ig­ate the facts ex of­fi­cio.

² The parties and third parties must co­oper­ate in the tests re­quired to es­tab­lish pa­tern­ity provided such tests not pose a danger to their health. The pro­vi­sions con­cern­ing the parties' and third parties' right to re­fuse are not ap­plic­able.

³ The court de­cides without be­ing bound by the re­quests of the parties.

¹ The court hears the par­ents in per­son when rul­ing on mat­ters re­lat­ing to a child.

² The court may ask the par­ents to at­tempt me­di­ation.

¹ The child is heard in per­son and in an ap­pro­pri­ate way by the court or by a third party ap­poin­ted for this pur­pose, to the ex­tent that the child's age or oth­er good cause does not pre­clude a hear­ing.

² Only the in­form­a­tion that is rel­ev­ant for the de­cision is placed on re­cord. This in­form­a­tion shall be com­mu­nic­ated to the par­ents or the child's wel­fare agent.

³ A child who has the ca­pa­city to con­sent may con­test the re­fus­al to grant a hear­ing by fil­ing an ob­jec­tion.

¹ If ne­ces­sary, the court shall ap­point a per­son ex­per­i­enced in wel­fare and leg­al mat­ters to act as wel­fare agent for the child.

² The court shall con­sider ap­point­ing a rep­res­ent­at­ive in par­tic­u­lar if:

a.¹⁴⁴

the par­ents sub­mit dif­fer­ent ap­plic­a­tions re­gard­ing:

1.

al­loc­a­tion of par­ent­al re­spons­ib­il­ity,

2.

al­loc­a­tion of res­id­ence,

3.

im­port­ant ques­tions con­cern­ing their per­son­al re­la­tions with the child,

4.

shar­ing re­spons­ib­il­it­ies for care,

5.

main­ten­ance pay­ments;

b.¹⁴⁵

the child pro­tec­tion au­thor­ity or one of the par­ents so re­quests;

c.

based on hear­ing with the par­ents or the child or based on oth­er reas­ons, the court:¹⁴⁶

1.¹⁴⁷

has ser­i­ous doubts about the par­ents' joint ap­plic­a­tions re­lat­ing to the is­sues lis­ted un­der let­ter a, or

2.

is con­sid­er­ing or­der­ing meas­ures for the pro­tec­tion of the child.

³ If the child with the ca­pa­city to con­sent so re­quests, a rep­res­ent­at­ive must be ap­poin­ted. The child may chal­lenge the re­jec­tion of his or her re­quest by fil­ing an ob­jec­tion.

The child's rep­res­ent­at­ive may file ap­plic­a­tions and ap­pel­late rem­ed­ies to the ex­tent they con­cern:

a.

the al­loc­a­tion of the par­ent­al re­spons­ib­il­ity;

b.

the al­loc­a­tion of res­id­ence;

c.

im­port­ant ques­tions of per­son­al re­la­tions;

d.

shar­ing re­spons­ib­il­it­ies for care;

e.

main­ten­ance pay­ments;

f.

meas­ures for the pro­tec­tion of the child.

No­tice is the de­cision is giv­en:

a.

to the par­ents;

b.

to the child, if he or she is at least 14 years old;

c.¹⁴⁹

to the wel­fare agent, if any, to the ex­tent the de­cision con­cerns the fol­low­ing is­sues:

1.

the al­loc­a­tion of the par­ent­al re­spons­ib­il­ity,

2.

the al­loc­a­tion of res­id­ence,

3.

im­port­ant ques­tions of per­son­al re­la­tions,

4.

shar­ing re­spons­ib­il­it­ies for care,

5.

main­ten­ance pay­ments,

6.

meas­ures for the pro­tec­tion of the child.

If main­ten­ance pay­ments are agreed in a main­ten­ance agree­ment or in the de­cision, the agree­ment or de­cision must in­dic­ate:

a.

the in­come and as­sets of each par­ent on which the agree­ment or de­cision is based;

b.

the amount de­term­ined for each child;

c.

any short­fall in the amount to cov­er the reas­on­able main­ten­ance of each child;

d.

wheth­er and to what ex­tent the main­ten­ance pay­ments are mod­i­fied to re­flect changes in liv­ing costs.

¹ Sum­mary pro­ced­ure ap­plies in par­tic­u­lar in the case of:

a.

de­cisions un­der the Hag­ue Con­ven­tion of 25 Oc­to­ber 1980¹⁵³ on the Civil As­pects of In­ter­na­tion­al Child Ab­duc­tion and un­der the European Con­ven­tion of 20 May 1980¹⁵⁴ on Re­cog­ni­tion and En­force­ment of De­cisions con­cern­ing Cus­tody of Chil­dren and on Res­tor­a­tion of Cus­tody of Chil­dren;

b.

the pay­ment of a spe­cial fin­an­cial con­tri­bu­tion to cov­er un­fore­seen ex­traordin­ary needs of the child (Art. 286 para. 3 CC¹⁵⁵);

c.

no­tice to debt­ors and the pro­vi­sion of se­cur­ity for child sup­port out­side pro­ceed­ings on the par­ents' main­ten­ance ob­lig­a­tions (Art. 291 and 292 CC).

² The pro­vi­sions of the Fed­er­al Act of 21 Decem­ber 2007¹⁵⁶ on In­ter­na­tion­al Child Ab­duc­tion and the Hag­ue Con­ven­tions on the Pro­tec­tion of Chil­dren and Adults are re­served.

¹ If pa­tern­ity is es­tab­lished, the de­fend­ant may be ordered to de­pos­it or ad­vance ap­pro­pri­ate amounts for the main­ten­ance of the child.

² If the ac­tion for main­ten­ance has been filed to­geth­er with the pa­tern­ity ac­tion, the de­fend­ant must, at the plaintiff's re­quest:

a.

de­pos­it the costs for the birth and the suit­able con­tri­bu­tions to­wards the main­ten­ance of moth­er and child provided pa­tern­ity has been shown cred­ibly;

b.

make suit­able con­tri­bu­tions to­wards the main­ten­ance of the child sup­port provided must be as­sumed and the as­sump­tion can­not be re­futed by im­me­di­ately avail­able evid­ence.

¹ The court that has jur­is­dic­tion to de­cide the pa­tern­ity ac­tion shall also de­cide on the de­pos­it, the ad­vance pay­ment, the dis­burse­ment of de­pos­ited amounts and the re­fund of ad­vances.

² In the case of an ac­tion for main­ten­ance, the court shall also de­cide on par­ent­al re­spons­ib­il­ity and oth­er child-re­lated is­sues.¹⁵⁸

Sum­mary pro­ced­ure ap­plies in par­tic­u­lar to:¹⁵⁹

a.

the de­term­in­a­tion of mon­et­ary con­tri­bu­tions to the main­ten­ance of the part­ner­ship and the no­tice to debt­ors (Art. 13 para. 2 and 3 of the Same-Sex Part­ner­ships Act of 18 June 2004¹⁶⁰, SSPA),

b.

the au­thor­isa­tion of a part­ner to dis­pose of the com­mon home (Art. 14 para. 2 SSPA),

c.

the ex­pan­sion and re­voc­a­tion of a part­ner's power to rep­res­ent the part­ner­ship (Art. 15 para. 2 lt. a and para. 4 SSPA),

d.

the ob­lig­a­tion of a part­ner to provide in­form­a­tion on his or her in­come, as­sets and debts (Art. 16 para. 2 SSPA),

e.

the de­term­in­a­tion, ad­just­ment or can­cel­la­tion of mon­et­ary con­tri­bu­tions and the reg­u­la­tion of the use of the home and the house­hold ef­fects (Art. 17 para. 2 and 4 SSPA),

f.

the ob­lig­a­tion of the part­ners to co­oper­ate in tak­ing an in­vent­ory (Art. 20 para. 1 SSPA),

g.

the re­stric­tion of a part­ner's power to dis­pose of cer­tain as­sets (Art. 22 para. 1 SSPA),

h.

the grant­ing of dead­lines for the re­pay­ment of debts between the part­ners (Art. 23 para. 1 SSPA).

Art­icles 272 and 273 ap­ply by ana­logy to the pro­ced­ure.

The pro­vi­sions con­cern­ing the di­vorce pro­ceed­ings ap­ply by ana­logy to the dis­sol­u­tion and an­nul­ment of same-sex part­ner­ships.

Where a per­son has ad­op­ted the minor child of his or her re­gistered part­ner, Art­icles 295–302 ap­ply by ana­logy.

¹ An ap­peal is ad­miss­ible against:

a.

fi­nal and in­ter­im de­cisions of first in­stance;

b.

de­cisions of first in­stance on in­ter­im meas­ures.

² In fin­an­cial mat­ters, an ap­peal is ad­miss­ible only if the value of the claim in the most re­cent pray­ers for re­lief is at least 10,000 francs.

An ap­peal is not ad­miss­ible:

a.

against de­cisions of the en­force­ment court;

b.

in the fol­low­ing mat­ters un­der the DEBA¹⁶²:

1.

re­voc­a­tion of the stay of en­force­ment (Art. 57d DEBA),

2.

ad­mis­sion of a time-barred ob­jec­tion (Art. 77 para. 3 DEBA),

3.

clear­ance to pro­ceed (Art. 80–84 DEBA),

4.

re­voc­a­tion or sus­pen­sion of the debt en­force­ment pro­ceed­ings (Art. 85 DEBA),

5.

ad­mis­sion of the ob­jec­tion in the col­lec­tion of bills of ex­change (Art. 181 DEBA),

6.¹⁶³

at­tach­ment (Art. 272 and 278 DEBA);

7.¹⁶⁴

de­cisions fall­ing un­der the jur­is­dic­tion of the bank­ruptcy or com­pos­i­tion court un­der the DEBA.

The ap­peal may be filed on grounds of:

a.

in­cor­rect ap­plic­a­tion of the law;

b.

in­cor­rect es­tab­lish­ment of the facts.

¹ The ap­peal must be filed in writ­ing and with a state­ment of the grounds with the ap­pel­late court with­in 30 days of ser­vice of a de­cision and grounds there­for or the sub­sequent ser­vice of the state­ment of grounds (Art. 239).

² The ap­pealed de­cision must be ap­pen­ded to with the ap­peal.

¹ The ap­pel­late court serves the ap­peal on the op­pos­ing party for its writ­ten com­ments, un­less the ap­peal is ob­vi­ously in­ad­miss­ible or ob­vi­ously un­foun­ded.

² An an­swer to the ap­peal must be filed with­in 30 days.

¹ The op­pos­ing party may file a cross ap­peal to­geth­er with the an­swer to the ap­peal.

² The cross ap­peal lapses if:

a.

the ap­pel­late court de­clares the prin­cip­al ap­peal in­ad­miss­ible;

b.

the prin­cip­al ap­peal is dis­missed be­cause it is ob­vi­ously un­foun­ded;

c.

the prin­cip­al ap­peal is with­drawn be­fore the be­gin­ning of de­lib­er­a­tions.

¹ If the de­cision was rendered in sum­mary pro­ceed­ings, the dead­line for fil­ing the ap­peal and the an­swer to ap­peal is in each case 10 days.

² A cross ap­peal is not ad­miss­ible.

¹ The leg­al ef­fect and en­force­ab­il­ity of those parts of the con­tested de­cision to which the ap­plic­a­tions in the ap­peal re­late shall be sus­pen­ded.

² The ap­pel­late court may au­thor­ise early en­force­ment. If ne­ces­sary, it shall or­der pro­tect­ive meas­ures or the pro­vi­sion of se­cur­ity.

³ Sus­pens­ive ef­fect may not be re­voked when the ap­peal is against a judg­ment for modi­fic­a­tion of leg­al re­la­tion­ships.

⁴ The ap­peal does not have sus­pens­ive ef­fect if it is filed against a de­cision on:

a.

the right of reply;

b.

in­ter­im meas­ures.

⁵ The en­force­ment of in­ter­im meas­ures may be sus­pen­ded in ex­traordin­ary cir­cum­stances if the party con­cerned is threatened with not eas­ily re­par­able harm.

¹ The ap­pel­late court may hold a hear­ing or de­cide on the basis of the case files.

² It may or­der a second ex­change of writ­ten sub­mis­sions.

³ It may take evid­ence.

¹ New facts and new evid­ence are con­sidered only if:

a.

they are sub­mit­ted im­me­di­ately; and

b.

they could not have been sub­mit­ted in the first in­stance des­pite reas­on­able di­li­gence.

² The amend­ment of the claim is ad­miss­ible only if:

a.

the con­di­tions un­der Art­icle 227 para­graph 1 are ful­filled; and

b.¹⁶⁵

the amend­ment is based on new facts or new evid­ence.

¹ The ap­pel­late court may:

a.

con­firm the chal­lenged de­cision;

b.

make a new de­cision; or

c.

re­mit the case to the first in­stance if:

1.

an es­sen­tial part of the claim was not con­sidered, or

2.

es­sen­tial is­sues of fact must still be es­tab­lished.

² The ap­pel­late court shall give no­tice of its de­cision to the parties with a writ­ten state­ment of grounds.

³ If the ap­pel­late court makes a new de­cision, it shall also de­cide on the costs at first in­stance.

An ob­jec­tion is ad­miss­ible against:

a.

fi­nal and in­ter­im de­cisions and de­cisions on in­ter­im meas­ures of first in­stance that are not sub­ject to ap­peal;

b.

oth­er de­cisions and pro­ced­ur­al rul­ings of first in­stance:

1.

in the cases provided by the law,

2.

if they threaten to cause not eas­ily re­par­able harm;

c.

un­due delay by the court.

An ob­jec­tion is ad­miss­ible on the fol­low­ing grounds:

a.

in­cor­rect ap­plic­a­tion of the law;

b.

ob­vi­ously in­cor­rect es­tab­lish­ment of the facts.

¹ The ob­jec­tion must be filed in writ­ing and with a state­ment of grounds with the ap­pel­late court with­in 30 days of ser­vice of a de­cision and grounds there­for or of the sub­sequent ser­vice of the state­ment of the grounds (Art. 239).

² If the ob­jec­tion is against a de­cision taken in sum­mary pro­ceed­ings or against a pro­ced­ur­al rul­ing, it must be filed with­in 10 days un­less the law provides oth­er­wise.

³ The con­tested de­cision or pro­ced­ur­al rul­ing must be en­closed if it has been served on the party.

⁴ The ob­jec­tion on the grounds of un­due delay may be filed at any time.

¹ The ap­pel­late court serves the ob­jec­tion on the op­pos­ing party so that he or she may com­ment in writ­ing there­on, un­less the ob­jec­tion is ob­vi­ously in­ad­miss­ible or ob­vi­ously un­foun­ded.

² The an­swer to the ob­jec­tion must be filed with­in the same peri­od as ap­plies to the ob­jec­tion.

Cross ob­jec­tions are not ad­miss­ible.

The ap­pel­late court may in­vite the lower court to com­ment.

¹ The ob­jec­tion does not sus­pend the leg­al ef­fect and en­force­ab­il­ity of the con­tested de­cision.

² The ap­pel­late court may sus­pend the en­force­ab­il­ity of the con­tested de­cision. If ne­ces­sary, it shall or­der pro­tect­ive meas­ures or the pro­vi­sion of se­cur­ity.

¹ New ap­plic­a­tions, new al­leg­a­tions of fact and new evid­ence are not ad­miss­ible.

² Spe­cial pro­vi­sions of law are re­served.

¹ The ap­pel­late court shall re­quest the case files from the lower court.

² It may de­cide on the basis of the case files.

³ In the event that it up­holds the ob­jec­tion, the ap­pel­late court shall:

a.

set aside the de­cision or the pro­ced­ur­al rul­ing and re­mit the case to the lower court; or

b.

make a new de­cision provided the ap­pel­late court is in the po­s­i­tion to make a de­cision.

⁴ If an ob­jec­tion of un­due delay is up­held, the ap­pel­late court may set a dead­line with­in which the lower court must deal with the case.

⁵ The ap­pel­late court shall give no­tice of its de­cision to the parties to­geth­er with a writ­ten state­ment of grounds.

¹ If the ob­jec­tion is against a de­cision of the en­force­ment court un­der Art­icles 38 to 52 of the Lugano Con­ven­tion of 30 Oc­to­ber 2007¹⁶⁷ on Jur­is­dic­tion and the En­force­ment of Judg­ments in Civil and Com­mer­cial Mat­ters, the ap­pel­late court shall freely ex­am­ine the grounds for re­fus­al provided in the Con­ven­tion.

² The ob­jec­tion has sus­pens­ive ef­fect. Pro­tect­ive meas­ures, in par­tic­u­lar at­tach­ments un­der Art­icle 271 para­graph 1 num­ber 6 DEBA¹⁶⁸, are re­served.

³ The dead­line for fil­ing the ob­jec­tion against the en­force­ment de­clar­a­tion is gov­erned by Art­icle 43 para­graph 5 of the Con­ven­tion.

¹ A party may re­quest the court that has de­cided as fi­nal in­stance to re­view the fi­nal de­cision if:

a.

the party sub­sequently dis­cov­ers sig­ni­fic­ant facts or de­cis­ive evid­ence that could not have been sub­mit­ted in the earli­er pro­ceed­ings, ex­clud­ing facts and evid­ence that arose after the de­cision;

b.

crim­in­al pro­ceed­ings have es­tab­lished that the de­cision was in­flu­enced to the det­ri­ment of the party con­cerned by a felony or mis­de­mean­our, even if no one has been con­victed by the crim­in­al court; if crim­in­al pro­ceed­ings are not pos­sible, proof may be provided in some oth­er man­ner;

c.

it is claimed that the ac­cept­ance, with­draw­al or set­tle­ment of the claim is in­val­id.

² A re­view on the grounds of a vi­ol­a­tion of the European Con­ven­tion on Hu­man Rights of 4 Novem­ber 1950¹⁶⁹ (ECHR) may be re­ques­ted if:

a.¹⁷⁰

the European Court of Hu­man Rights has de­term­ined in a fi­nal judg­ment (Art. 44 ECHR) that the ECHR or its pro­to­cols have been vi­ol­ated, or the case has been con­cluded by means of a friendly set­tle­ment (Art. 39 ECHR);

b.

com­pens­a­tion is not an ap­pro­pri­ate rem­edy for the ef­fects of the vi­ol­a­tion; and

c.

the re­view is ne­ces­sary to rem­edy the vi­ol­a­tion.

¹ An ap­plic­a­tion for a re­view must be filed in writ­ing with a state­ment of the grounds with­in 90 days of the dis­cov­ery of the grounds for re­view.

² The right to re­quest a re­view ex­pires 10 years after the de­cision comes in­to force, ex­cept in cases un­der Art­icle 328 para­graph 1 let­ter b.

The court shall serve the ap­plic­a­tion for the re­view on the op­pos­ing party so that he or she may re­spond, un­less the re­quest is ob­vi­ously in­ad­miss­ible or ob­vi­ously un­foun­ded.

¹ A re­quest for a re­view does not sus­pend the leg­al ef­fect and en­force­ab­il­ity of the de­cision.

² The court may sus­pend the en­force­ab­il­ity of the con­tested de­cision. If ne­ces­sary, it shall or­der pro­tect­ive meas­ures or the pro­vi­sion of se­cur­ity.

The de­cision on the ap­plic­a­tion for re­view may be chal­lenged by way of ob­jec­tion.

¹ If the court up­holds the re­quest for a re­view, it shall quash its earli­er de­cision and make a new one.

² In the new de­cision, the court shall also de­cide on the costs of the earli­er pro­ceed­ings.

³ It shall give no­tice of its de­cision to the parties to­geth­er with a writ­ten state­ment of grounds.

¹ If the con­clu­sions of the de­cision are un­clear, con­tra­dict­ory or in­com­plete, or if they do not cor­res­pond with the state­ment of grounds, the court shall ex of­fi­cio or at the re­quest of a party provide an ex­plan­a­tion or rec­ti­fic­a­tion of the de­cision. The re­quest must in­dic­ate the rel­ev­ant parts and the re­ques­ted changes.

² Art­icles 330 and 331 ap­ply by ana­logy. The court does not re­quire the parties to com­ment when cor­rect­ing ty­po­graph­ic­al or arith­met­ic­al er­rors.

³ The de­cision on the re­quest for ex­plan­a­tion or rec­ti­fic­a­tion may be con­tested by ob­jec­tion.

⁴ No­tice of the ex­plained or rec­ti­fied de­cision shall be giv­en to the parties.

¹ De­cisions are en­forced ac­cord­ing to the pro­vi­sions of this chapter.

² If a de­cision relates to the pay­ment of money or pro­vi­sion of se­cur­ity, it is en­forced ac­cord­ing to the pro­vi­sions of the DEBA¹⁷¹.

³ The re­cog­ni­tion, the de­clar­a­tion of en­force­ab­il­ity and the en­force­ment of for­eign de­cisions are gov­erned by this chapter, un­less an in­ter­na­tion­al treaty or the PILA¹⁷² provides oth­er­wise.

¹ A de­cision is en­force­able, if:

a.

it is leg­ally bind­ing and the court has not sus­pen­ded its en­force­ment (Art. 325 para. 2 and 331 para. 2); or

b.

it is not yet leg­ally bind­ing, but its early en­force­ment has been au­thor­ised.

² The court that has made the de­cision on en­force­ab­il­ity shall cer­ti­fy the en­force­ab­il­ity of the de­cision on re­quest.

¹ If the court mak­ing the de­cision has already ordered the ne­ces­sary en­force­ment meas­ures (Art. 236 para. 3), the de­cision may be dir­ectly en­forced.

² The un­suc­cess­ful party may ask the en­force­ment court to sus­pend en­force­ment; Art­icle 341 ap­plies by ana­logy.

¹ If the de­cision may not be dir­ectly en­forced, a re­quest for en­force­ment must be sub­mit­ted to the en­force­ment court.

² The ap­plic­ant must es­tab­lish that the re­quire­ments for en­force­ment ap­ply and pro­duce the ne­ces­sary phys­ic­al re­cords.

¹ Man­dat­ory jur­is­dic­tion to or­der the meas­ures of en­force­ment or to sus­pend the en­force­ment lies with the court:

a.

at the dom­i­cile or re­gistered of­fice of the un­suc­cess­ful party;

b.

at the place where the meas­ures are to be taken; or

c.

at the place where the de­cision to be en­forced was made.

² The court de­cides in sum­mary pro­ceed­ings.

The en­force­ment court may or­der pro­tect­ive meas­ures, if ne­ces­sary without hear­ing the op­pos­ing party be­fore­hand.

¹ The en­force­ment court shall ex­am­ine en­force­ab­il­ity ex of­fi­cio.

² It shall al­low the un­suc­cess­ful party a brief peri­od with­in which to file its com­ments.

³ On the mer­its, the un­suc­cess­ful party may only ar­gue that mat­ters pre­vent­ing the en­force­ment of the de­cision have oc­curred since no­tice there­of was giv­en, such as ex­tinc­tion, de­fer­ment, pre­scrip­tion or for­feit­ure of the right to due per­form­ance. Ex­tinc­tion and de­fer­ment must be proven by phys­ic­al re­cords.

De­cisions provid­ing for con­di­tion­al per­form­ance or per­form­ance that is sub­ject to counter-per­form­ance may not be en­forced un­til the en­force­ment court has de­term­ined that the con­di­tion is ful­filled or that the counter-per­form­ance has been duly offered, rendered, or guar­an­teed.

¹ If the de­cision provides for an ob­lig­a­tion to act, re­frain from act­ing or to tol­er­ate something, the en­force­ment court may:

a.

is­sue a threat of crim­in­al pen­alty un­der Art­icle 292 SCC¹⁷⁴;

b.

im­pose a dis­cip­lin­ary fine not ex­ceed­ing 5,000 francs;

c.

im­pose a dis­cip­lin­ary fine not ex­ceed­ing 1,000 francs for each day of non-com­pli­ance;

d.

or­der a com­puls­ory meas­ure such as tak­ing away a mov­able item or va­cat­ing im­mov­able prop­erty; or

e.

or­der per­form­ance by a third party.

^1bis If the de­cision con­tains an in­junc­tion un­der Art­icle 28bCC¹⁷⁵, the en­force­ment court may at the re­quest of the ap­plic­ant or­der elec­tron­ic mon­it­or­ing in ac­cord­ance with Art­icle 28c CC.¹⁷⁶

² The un­suc­cess­ful party and third parties must provide the re­quired in­form­a­tion and tol­er­ate the re­quired searches.

³ The per­son en­trus­ted with en­force­ment may re­quest the as­sist­ance of the com­pet­ent au­thor­it­ies.

¹ If the de­cision relates to a de­clar­a­tion of in­tent, the en­force­able de­cision takes the place of the de­clar­a­tion.

² If the de­clar­a­tion con­cerns a pub­lic re­gister, such as the land re­gister or the com­mer­cial re­gister, the court mak­ing the de­cision shall is­sue the re­quired in­struc­tions to the re­gis­trar.

¹ The pre­vail­ing party may de­mand:

a.

dam­ages if the un­suc­cess­ful party does not fol­low the or­ders of the court;

b.

con­ver­sion of the per­form­ance due in­to the pay­ment of money.

² The en­force­ment court shall de­term­ine the rel­ev­ant amount.

Third parties may con­test en­force­ment de­cisions by fil­ing an ob­jec­tion if the de­cision af­fects their rights.

Of­fi­cial re­cords re­lat­ing to any type of per­form­ance may be en­forced in the same way as ju­di­cial de­cisions if:

a.

the ob­li­gee ex­pressly de­clares in the re­cord that he or she ac­cepts dir­ect en­force­ment;

b.

the leg­al ground for the per­form­ance due is men­tioned in the re­cord; and

c.

the per­form­ance due is:

1.

suf­fi­ciently spe­cified in the re­cord,

2.

ac­cep­ted in the re­cord by the ob­li­gee, and

3.

due.

Of­fi­cial re­cords are not dir­ectly en­force­able if they con­cern per­form­ance:

a.

un­der the Gender Equal­ity Act of 24 March 1995¹⁷⁷;

b.

arising from the ten­ancy and lease of res­id­en­tial and busi­ness prop­erty or the lease of ag­ri­cul­tur­al prop­erty;

c.

un­der the Par­ti­cip­a­tion Act of 17 Decem­ber 1993¹⁷⁸;

d.

arising from em­ploy­ment re­la­tions or un­der the Re­cruit­ment Act of 6 Oc­to­ber 1989¹⁷⁹;

e.

arising from con­sumer con­tracts (Art. 32).

An en­force­able re­cord re­lat­ing to per­form­ance in money is deemed to be a title set­ting aside an ob­jec­tion un­der Art­icles 80 and 81 DEBA¹⁸⁰.

¹ If the en­force­ment of a re­cord re­lat­ing to an­oth­er form of per­form­ance is sought, at the re­quest of the ob­lig­or the not­ary pub­lic shall serve the ob­li­gee with a cer­ti­fied copy of the re­cord, set­ting a dead­line of 20 days for per­form­ance. The ob­lig­or re­ceives a copy of the no­ti­fic­a­tion.

² If per­form­ance is not rendered with­in the dead­line, the ob­lig­or may sub­mit a re­quest for en­force­ment to the en­force­ment court.

¹ The ob­li­gee may con­test his or her ob­lig­a­tion to render per­form­ance only if the ob­jec­tion raised can be im­me­di­ately proven.

² If a de­clar­a­tion of in­tent is owed, the de­cision of the en­force­ment court takes the place of the de­clar­a­tion. The en­force­ment court shall is­sue the re­quired in­struc­tions in ac­cord­ance with Art­icle 344 para­graph 2.

The ju­di­cial re­view of the per­form­ance due is re­served in every case. In par­tic­u­lar the ob­li­gee may at any time file a claim for a de­clar­at­ory judg­ment that the ob­lig­a­tion does not or no longer ex­ists or that it has been sus­pen­ded.

¹ The pro­vi­sions of this Part ap­ply to the pro­ceed­ings be­fore ar­bit­ral tribunals based in Switzer­land, un­less the pro­vi­sions of the Twelfth Chapter of the PILA¹⁸¹ ap­ply.

² The parties may ex­clude the ap­plic­a­tion of this Part by mak­ing a de­clar­a­tion to this ef­fect in the ar­bit­ra­tion agree­ment or a sub­sequent agree­ment, and in­stead agree that the pro­vi­sions of the Twelfth Chapter of the PILA ap­ply. The de­clar­a­tion must be in the form spe­cified in Art­icle 358.¹⁸²

Any claim over which the parties may freely dis­pose may be the ob­ject of an ar­bit­ra­tion agree­ment.

¹ The loc­a­tion of the ar­bit­ral tribunal shall be de­term­ined by the parties or by the body they have des­ig­nated. If no loc­a­tion is de­term­ined, the ar­bit­ral tribunal it­self de­term­ine its loc­a­tion.

² If neither the parties nor the des­ig­nated body nor the ar­bit­ral tribunal de­term­ine the loc­a­tion, the or­din­ary court that would have jur­is­dic­tion to de­cide the mat­ter in the ab­sence of an ar­bit­ra­tion agree­ment shall de­cide.

³ If sev­er­al or­din­ary courts have jur­is­dic­tion, the loc­a­tion of the ar­bit­ral tribunal shall be the loc­a­tion of the or­din­ary court first seised by vir­tue of Art­icle 356.

⁴ Un­less the parties have agreed oth­er­wise, the ar­bit­ral tribunal may hold hear­ings, take evid­ence and de­lib­er­ate at any oth­er loc­a­tion.

¹ The can­ton in which the ar­bit­ral tribunal is loc­ated shall des­ig­nate a su­per­i­or court that shall have jur­is­dic­tion:

a.

to de­cide on ob­jec­tions and ap­plic­a­tions for re­view;

b.

to re­ceive the ar­bit­ral award on de­pos­it and to cer­ti­fy its en­force­ab­il­ity.

² The can­ton where the ar­bit­ral tribunal is loc­ated shall des­ig­nate a dif­fer­ent court or a dif­fer­ently com­posed court to have jur­is­dic­tion as the sole in­stance for:

a.

the ap­point­ment, chal­lenge, re­mov­al and re­place­ment of the ar­bit­rat­ors;

b.

the ex­ten­sion of the ar­bit­ral tribunal's term of of­fice;

c.

sup­port­ing the ar­bit­ral tribunal in all its pro­ced­ur­al acts.

³ The com­pet­ent or­din­ary court de­cides in sum­mary pro­ceed­ings oth­er than in cases un­der para­graph 1 let­ter a.¹⁸³

¹ The ar­bit­ra­tion agree­ment may re­late to ex­ist­ing or fu­ture dis­putes arising from a spe­cif­ic leg­al re­la­tion­ship.

² The valid­ity of the agree­ment may not be dis­puted on the ground that the main con­tract is in­val­id.

¹ The ar­bit­ra­tion agree­ment must be done in writ­ing or in any oth­er form al­low­ing it to be evid­enced by text.

² The pro­vi­sions of this Part ap­ply by ana­logy to ar­bit­ra­tion clauses in uni­lat­er­al trans­ac­tions or in art­icles of as­so­ci­ation.¹⁸⁵

¹ If the valid­ity of the ar­bit­ra­tion agree­ment, its con­tent, its scope or the prop­er con­sti­tu­tion of the ar­bit­ral tribunal is chal­lenged be­fore the ar­bit­ral tribunal, the tribunal shall de­cide on its own jur­is­dic­tion by way of an in­ter­im de­cision or in the fi­nal award on the mer­its.

² An ob­jec­tion to the ar­bit­ral tribunal on the grounds of lack of jur­is­dic­tion must be raised pri­or to any de­fence on the mer­its.

¹ The parties may freely agree on the num­ber of ar­bit­rat­ors. In the ab­sence of an agree­ment, the ar­bit­ral tribunal shall com­prise three mem­bers.

² If the parties have agreed on an even num­ber of ar­bit­rat­ors, it is pre­sumed that an ad­di­tion­al ar­bit­rat­or must be ap­poin­ted as the chair­per­son.

¹ The mem­bers of the ar­bit­ral tribunal shall be ap­poin­ted as agreed by the parties.

² In the ab­sence of any agree­ment, each party shall ap­point the same num­ber of ar­bit­rat­ors; the ar­bit­rat­ors shall then un­an­im­ously elect an­oth­er per­son as chair­per­son.

³ If an ar­bit­rat­or is des­ig­nated by his or her func­tion, the hold­er of that func­tion who ac­cepts the man­date is deemed to be ap­poin­ted.

⁴ In mat­ters re­lat­ing to the ten­ancy and lease of res­id­en­tial prop­erty, only the con­cili­ation au­thor­ity may be ap­poin­ted as ar­bit­ral tribunal.

¹ If the ar­bit­ra­tion agree­ment provides no oth­er body for the ap­point­ment, or if such body does not ap­point the mem­bers with­in a reas­on­able time, the or­din­ary court com­pet­ent un­der Art­icle 356 para­graph 2 shall pro­ceed with the ap­point­ment at the re­quest of one of the parties if:

a.

the parties can­not agree on the ap­point­ment of the single ar­bit­rat­or or the chair­per­son;

b.

a party fails to des­ig­nate his or her ar­bit­rat­or with­in 30 days from be­ing re­ques­ted to do so; or

c.

the ap­poin­ted ar­bit­rat­ors can­not agree on the ap­point­ment of the chair­per­son with­in 30 days from their ap­point­ment.

² In case of a multi-party ar­bit­ra­tion, the or­din­ary court com­pet­ent un­der Art­icle 356 para­graph 2 may ap­point all the ar­bit­rat­ors.

³ If an or­din­ary court is des­ig­nated to ap­point an ar­bit­rat­or, it must pro­ceed with the ap­point­ment un­less a sum­mary ex­am­in­a­tion shows that no ar­bit­ra­tion agree­ment ex­ists between the parties.

¹ A per­son asked to take the of­fice of an ar­bit­rat­or must dis­close im­me­di­ately any cir­cum­stances that might raise reas­on­able doubts about his or her in­de­pend­ence or im­par­ti­al­ity.

² This duty con­tin­ues throughout the pro­ceed­ings.

¹ The ar­bit­rat­ors shall con­firm ac­cept­ance of their of­fice.

² The ar­bit­ral tribunal is con­sti­tuted only when all the ar­bit­rat­ors have ac­cep­ted their of­fice.

¹ The ar­bit­ral tribunal may ap­point a sec­ret­ary.

² Art­icles 363 para­graph 1 and 367 to 369 ap­ply by ana­logy.

¹ The parties may lim­it the term of of­fice in the ar­bit­ra­tion agree­ment or in a sub­sequent agree­ment.

² The term of of­fice with­in which the ar­bit­ral tribunal must is­sue its award may be ex­ten­ded:

a.

by agree­ment of the parties;

b.

at the re­quest of a party or of the ar­bit­ral tribunal: by the or­din­ary court with jur­is­dic­tion un­der Art­icle 356 para­graph 2.

¹ A mem­ber of the ar­bit­ral tribunal may be chal­lenged:

a.

if he or she lacks the qual­i­fic­a­tions re­quired by the parties;

b.

if there is a ground for chal­lenge in ac­cord­ance with the rules of ar­bit­ra­tion ad­op­ted by the parties; or

c.

if there is reas­on­able doubt as to his or her in­de­pend­ence or im­par­ti­al­ity.

² A party may chal­lenge an ar­bit­rat­or whom that party has ap­poin­ted or in whose ap­point­ment that party has par­ti­cip­ated only if the grounds for the chal­lenge came to the at­ten­tion of the party con­cerned after the ap­point­ment des­pite ex­er­cising due di­li­gence.¹⁸⁶ No­tice of the reas­on for the chal­lenge must be giv­en to the ar­bit­ral tribunal and the op­pos­ing party im­me­di­ately.

¹ A party may chal­lenge the ar­bit­ral tribunal if an op­pos­ing party has ex­er­ted a pre­dom­in­ant in­flu­ence on the ap­point­ment of its mem­bers. No­tice of the chal­lenge must be giv­en to the ar­bit­ral tribunal and the op­pos­ing party im­me­di­ately.

² The new ar­bit­ral tribunal is con­sti­tuted ac­cord­ing to the pro­ced­ure spe­cified in Art­icles 361 and 362.

³ The parties may ap­point the mem­bers of the chal­lenged ar­bit­ral tribunal again as ar­bit­rat­ors.

¹ The parties may freely agree on the chal­lenge pro­ced­ure.

² 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.¹⁸⁷

³ 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 2.¹⁸⁸

⁴ 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.

⁵ The de­cision on the chal­lenge may be con­tested only once the first ar­bit­ral award has been made.

¹ Any mem­ber of the ar­bit­ral tribunal may be re­moved by a writ­ten agree­ment of the parties.

² If a mem­ber of the ar­bit­ral tribunal is un­able to ful­fil his or her du­ties with­in due time or with due care, un­less the parties have agreed oth­er­wise, he or she may be re­moved at a party's re­quest by the body des­ig­nated by the parties or, if no such body has been des­ig­nated, by the or­din­ary court that has jur­is­dic­tion un­der Art­icle 356 para­graph 2.¹⁸⁹

³ Art­icle 369 para­graph 5 ap­plies to the chal­lenge of the re­mov­al.

¹ If an ar­bit­rat­or must be re­placed, the same pro­ced­ure as for ap­point­ment ap­plies, un­less the parties agree or have agreed oth­er­wise.

² If re­place­ment can­not be ef­fected in this way, the new ar­bit­rat­or shall be nom­in­ated by the or­din­ary court that has jur­is­dic­tion un­der Art­icle 356 para­graph 2 un­less the ar­bit­ra­tion agree­ment ex­cludes this pos­sib­il­ity or be­comes in­ef­fect­ive on the re­tire­ment of an ar­bit­rat­or.

³ In the ab­sence of an agree­ment between the parties, the newly con­sti­tuted ar­bit­ral tribunal shall de­cide on the ex­tent to which pro­ced­ur­al acts in which the re­placed ar­bit­rat­or has par­ti­cip­ated must re­peated.

⁴ The dead­line with­in which the ar­bit­ral tribunal must is­sue its award is not sus­pen­ded dur­ing the re­place­ment pro­ced­ure.

¹ Ar­bit­ra­tion pro­ceed­ings be­come pending:

a.

when a party seises the ar­bit­ral tribunal des­ig­nated in the ar­bit­ra­tion agree­ment; or

b.

if no ar­bit­ral tribunal is des­ig­nated in the ar­bit­ra­tion agree­ment: when a party ini­ti­ates the pro­ced­ure to con­sti­tute the ar­bit­ral tribunal or the pre­ced­ing con­cili­ation pro­ceed­ings agreed by the parties.

² If identic­al ac­tions between the same parties are sub­mit­ted be­fore an or­din­ary court and an ar­bit­ral tribunal, the last seised court shall sus­pend the pro­ceed­ings un­til the first seised court has de­cided on its com­pet­ence.

¹ The parties may reg­u­late the ar­bit­ra­tion pro­ced­ure:

a.

them­selves;

b.

by re­fer­ring to a set of ar­bit­ra­tion rules;

c.

ac­cord­ing to a pro­ced­ur­al law of their choice.

² If the parties have not reg­u­lated the pro­ced­ure, it is de­term­ined by the ar­bit­ral tribunal.

³ The chair­per­son of the ar­bit­ral tribunal may de­cide on cer­tain pro­ced­ur­al ques­tions if he or she is au­thor­ised to do so by the parties or by the oth­er mem­bers of the tribunal.

⁴ The ar­bit­ral tribunal must guar­an­tee the equal treat­ment of the parties and their right to be heard in ad­versari­al pro­ceed­ings.

⁵ Each party may act through a rep­res­ent­at­ive.

⁶ An ob­jec­tion to a breach of the rules of pro­ced­ure must be filed im­me­di­ately after it has been re­cog­nised or would have been re­cog­nis­able had due di­li­gence beenexercised, otherwiseit may not sub­sequently be claimed that the rules were breached.¹⁹⁰

¹ The or­din­ary court or, un­less the parties have oth­er­wise agreed, the ar­bit­ral tribunal may at the re­quest of a party or­der in­ter­im meas­ures, in­clud­ing meas­ures to pro­tect the evid­ence.

² If the per­son con­cerned does not com­ply with the meas­ure ordered by the ar­bit­ral tribunal, the tribunal or a party may ap­ply to the or­din­ary court for it to is­sue the ne­ces­sary or­ders; if the ap­plic­a­tion is made by a party, it re­quires the con­sent of the ar­bit­ral tribunal.

³ The ar­bit­ral tribunal or the or­din­ary court may make the in­ter­im meas­ures con­di­tion­al on the pay­ment of se­cur­ity if it is an­ti­cip­ated that the meas­ures may cause harm to the oth­er party.

⁴ The ap­plic­ant is li­able for the harm caused by un­jus­ti­fied in­ter­im meas­ures. If he or she proves, however, that the ap­plic­a­tion for the meas­ures was made in good faith, the ar­bit­ral tribunal or the or­din­ary court may re­duce the dam­ages or re­lieve the ap­plic­ant en­tirely from li­ab­il­ity. The ag­grieved party may as­sert his or her claim in the pending ar­bit­ra­tion.

⁵ The se­cur­ity must be re­leased once it is es­tab­lished that no claim for dam­ages will be filed; where there is un­cer­tainty, the court shall set a dead­line for fil­ing the ac­tion.

¹ The ar­bit­ral tribunal takes the evid­ence it­self.

² If the tak­ing of evid­ence or any oth­er pro­ced­ur­al act re­quires the as­sist­ance of the of­fi­cial au­thor­it­ies, the ar­bit­ral tribunal may re­quest the par­ti­cip­a­tion of the or­din­ary court that has jur­is­dic­tion un­der Art­icle 356 para­graph 2. With the con­sent of the ar­bit­ral tribunal, the same may also be re­ques­ted by a party.

³ The mem­bers of the ar­bit­ral tribunal may par­ti­cip­ate in the pro­ced­ur­al acts of the or­din­ary court and may ask ques­tions.

¹ Ar­bit­ra­tion may be ini­ti­ated by or against joint parties if:

a.

all the parties are con­nec­ted among them­selves by one or more cor­res­pond­ing ar­bit­ra­tion agree­ments; and

b.

the as­ser­ted claims are identic­al or fac­tu­ally con­nec­ted.

² Fac­tu­ally con­nec­ted claims between the same parties may be joined in the same ar­bit­ra­tion pro­ceed­ings if they are the sub­ject of cor­res­pond­ing ar­bit­ra­tion agree­ments between these parties.

³ The in­ter­ven­tion of a third party and the join­der of a per­son no­ti­fied as a party to an ac­tion re­quire an ar­bit­ra­tion agree­ment between the third party and the parties to the dis­pute and are sub­ject to the con­sent of the ar­bit­ral tribunal.

¹ The ar­bit­ral tribunal has jur­is­dic­tion to de­cide the set-off de­fence, even if the claim to be set off does not fall with­in the scope of the ar­bit­ra­tion agree­ment or is sub­ject to an­oth­er ar­bit­ra­tion agree­ment or an agree­ment on jur­is­dic­tion.

² The coun­ter­claim is ad­miss­ible if it con­cerns a claim that is covered by a cor­res­pond­ing ar­bit­ra­tion agree­ment between the parties.

¹ The ar­bit­ral tribunal may or­der the ad­vance of the pre­sumed costs of the pro­ceed­ings and may make the pro­ceed­ings con­di­tion­al on the pay­ment of the ad­vance. Un­less the parties have agreed oth­er­wise, the ar­bit­ral tribunal de­term­ines the amount to be paid by each party.

² If one party does not pay the re­quired ad­vance, the oth­er party may ad­vance the en­tire costs or with­draw from the ar­bit­ra­tion. In the lat­ter case, the party with­draw­ing may ini­ti­ate new ar­bit­ra­tion pro­ceed­ings for the same mat­ter or pro­ceed be­fore the or­din­ary court.

If the plaintiff ap­pears to be in­solv­ent, the ar­bit­ral tribunal may at the de­fend­ant's re­quest or­der that se­cur­ity be provided by a cer­tain dead­line for the prob­able party costs due by the de­fend­ant. Art­icle 378 para­graph 2 ap­plies by ana­logy.

Leg­al aid is ex­cluded.

¹ The ar­bit­ral tribunal de­cides:

a.

ac­cord­ing to the rules of law chosen by the parties; or

b.

based on equity, if the parties have au­thor­ised it to do so.

² In the ab­sence of such choice or au­thor­isa­tion, it shall de­cide ac­cord­ing to the law that an or­din­ary court would ap­ply.

¹ All mem­bers of the ar­bit­ral tribunal must par­ti­cip­ate in the de­lib­er­a­tions and de­cisions.

² If an ar­bit­rat­or re­fuses to par­ti­cip­ate in a de­lib­er­a­tion or a de­cision, the oth­ers may de­lib­er­ate or de­cide without him or her, un­less the parties have agreed oth­er­wise.

³ The award is de­term­ined by a ma­jor­ity de­cision, un­less the parties have agreed oth­er­wise.

⁴ If no ma­jor­ity is reached, the award is de­term­ined by the chair­per­son.

Un­less the parties have agreed oth­er­wise, the ar­bit­ral tribunal may lim­it the pro­ceed­ings to cer­tain ques­tions or pray­ers for re­lief.

¹ The award con­tains de­tails of:

a.

the com­pos­i­tion of the ar­bit­ral tribunal;

b.

the loc­a­tion where the ar­bit­ral tribunal sits;

c.

the parties and their rep­res­ent­at­ives;

d.

the parties' pray­ers for re­lief or, if none, the ques­tion to be de­cided;

e.

un­less the parties have ex­pli­citly dis­pensed with this re­quire­ment: a state­ment of the facts, the leg­al con­sid­er­a­tions and, if ap­plic­able, the con­sid­er­a­tions in equity;

f.

the con­clu­sions on the award on the mer­its, as well as the amount and al­loc­a­tion of the costs and party costs;

g.

the date of the award.

² The award must be signed; the sig­na­ture of the chair­per­son suf­fices.

If the parties settle their dis­pute in the course of the ar­bit­ral pro­ceed­ings, the ar­bit­ral tribunal shall on re­quest re­cord the agree­ment in the form of an award.

¹ Each party is served with no­tice of the award.

² Each party may at his or her own ex­pense de­pos­it a copy of the award with the or­din­ary court that has jur­is­dic­tion un­der Art­icle 356 para­graph 1.

³ At the re­quest of a party, this court shall cer­ti­fy the award as en­force­able.

Once no­tice of the award has been giv­en to the parties, it has the ef­fect of a leg­ally-bind­ing and en­force­able ju­di­cial de­cision.

¹ Either party may ap­ply to the ar­bit­ral tribunal to:

a.

cor­rect ty­po­graph­ic­al and arith­met­ic­al er­rors in the award;

b.

ex­plain spe­cif­ic parts of the award;

c.

or is­sue a sup­ple­ment­ary award in re­la­tion to claims made in the ar­bit­ra­tion pro­ceed­ings that were not con­sidered in the award.

² The ap­plic­a­tion must be made to the ar­bit­ral tribunal with­in 30 days from the dis­cov­ery of the er­ror or the parts of the award that need to be ex­plained or amended, but no later than one year from re­ceiv­ing no­tice of the award.

³ The ap­plic­a­tion does not af­fect the dead­lines for fil­ing ap­peals. A new peri­od for fil­ing an ap­peal in re­la­tion to the cor­rec­ted, ex­plained or sup­ple­men­ted part of the award be­gins from the date on which no­tice of the cor­rec­tion, ex­plan­a­tion or sup­ple­ment is giv­en.¹⁹¹

¹ An ar­bit­ral award is sub­ject to ob­jec­tion to the Fed­er­al Su­preme Court.

² The pro­ced­ure is gov­erned by the Fed­er­al Su­preme Court Act of 17 June 2005¹⁹², un­less oth­er­wise provided in this Chapter.

¹ By ex­press de­clar­a­tion in the ar­bit­ra­tion agree­ment or in a sub­sequent agree­ment, the parties may agree that the ar­bit­ral award may be con­tested by way of ob­jec­tion to the can­ton­al court that has jur­is­dic­tion un­der Art­icle 356 para­graph 1.

² The pro­ced­ure is gov­erned by Art­icles 319 to 327, un­less oth­er­wise provided in this Chapter. The de­cision of the can­ton­al court is fi­nal.

An ob­jec­tion is only ad­miss­ible after the means of ar­bit­ral ap­peal provided for in the ar­bit­ra­tion agree­ment are ex­hausted.

An ob­jec­tion is ad­miss­ible against:

a.

par­tial and fi­nal awards;

b.

in­ter­im awards on the grounds lis­ted in Art­icle 393 let­ters a and b.

An ar­bit­ral award may be con­tested on the fol­low­ing grounds:

a.

the single ar­bit­rat­or was ap­poin­ted or the ar­bit­ral tribunal com­posed in an ir­reg­u­lar man­ner;

b.

the ar­bit­ral tribunal wrongly de­clared it­self to have or not to have jur­is­dic­tion;

c.

the ar­bit­ral tribunal de­cided is­sues that were not sub­mit­ted to it or failed to de­cide on a pray­er for re­lief;

d.

the prin­ciples of equal treat­ment of the parties or the right to be heard were vi­ol­ated;

e.

the award is ar­bit­rary in its res­ult be­cause it is based on find­ings that are ob­vi­ously con­trary to the facts as stated in the case files or be­cause it con­sti­tutes an ob­vi­ous vi­ol­a­tion of law or equity;

f.

the costs and com­pens­a­tion fixed by the ar­bit­ral tribunal are ob­vi­ously ex­cess­ive.

After hear­ing the parties, the ap­pel­late court may re­mit the award to the ar­bit­ral tribunal, set­ting a dead­line to rec­ti­fy or amend it.

¹ If the award is not re­mit­ted to the ar­bit­ral tribunal or if it is not rec­ti­fied or amended by the tribunal with­in the set dead­line, the ap­pel­late court shall de­cide and, if the ob­jec­tion is ap­proved, shall set aside the award.

² If the award is set aside, the ar­bit­ral tribunal shall make a new award con­sist­ent with the con­sid­er­a­tions taken in­to ac­count in the de­cision to re­mit the case. If the tribunal is no longer complete, Article 371 applies.¹⁹³

³ Set­ting aside may be lim­ited to cer­tain parts of the award if the oth­er parts do not de­pend on them.

⁴ If the ar­bit­ral award is con­tested on the grounds that the com­pens­a­tion and costs are ob­vi­ously ex­cess­ive, the ap­pel­late court may it­self de­cide on them.

¹ A party may re­quest the or­din­ary court that has jur­is­dic­tion un­der Art­icle 356 para­graph 1 to re­view an ar­bit­ral award if:

a.

the party sub­sequently dis­cov­ers sig­ni­fic­ant facts or de­cis­ive evid­ence that could not have been sub­mit­ted in the earli­er pro­ceed­ings, ex­clud­ing facts and evid­ence that arose after the ar­bit­ral award was made;

b.

crim­in­al pro­ceed­ings have es­tab­lished that the ar­bit­ral award was in­flu­enced to the det­ri­ment of the party con­cerned by a felony or mis­de­mean­our, even if no one is con­victed by a crim­in­al court; if crim­in­al pro­ceed­ings are not pos­sible, proof may be provided in some oth­er man­ner;

c.

it is claimed that the ac­cept­ance, with­draw­al or set­tle­ment of the claim is in­val­id;

d.¹⁹⁴

a ground for chal­lenge un­der Art­icle 367 para­graph 1 let­ter c only came to light after con­clu­sion of the ar­bit­ra­tion pro­ceed­ings des­pite ex­er­cising due di­li­gence and no oth­er leg­al rem­edy is avail­able.

² The re­view on the grounds of a vi­ol­a­tion of the ECHR¹⁹⁵ may be re­ques­ted if:

a.¹⁹⁶

the European Court of Hu­man Rights has de­term­ined in a fi­nal judg­ment (Art. 44 ECHR) that the ECHR or its pro­to­cols have been vi­ol­ated, or the case has been con­cluded by means of a friendly set­tle­ment (Art. 39 ECHR);

b.

com­pens­a­tion is not an ap­pro­pri­ate rem­edy for the ef­fects of the vi­ol­a­tion; and

c.

the re­view is ne­ces­sary to rem­edy the vi­ol­a­tion.

¹ The re­quest for re­view must be filed with­in 90 days of dis­cov­ery of the grounds for re­view.

² The right to re­quest for a re­view ex­pires 10 years after the award comes in­to force, ex­cept in cases un­der Art­icle 396 para­graph 1 let­ter b.

The pro­ced­ure is gov­erned by Art­icles 330 to 331.

¹ If the court ap­proves the re­quest for re­view, it shall set aside the ar­bit­ral award and re­mit the case to the ar­bit­ral tribunal for a new de­cision.

² If the ar­bit­ral tribunal is no longer com­plete, Art­icle 371 ap­plies.

¹ The Fed­er­al Coun­cil shall is­sue the im­ple­ment­ing pro­vi­sions.

² It provides forms for court re­cords and party sub­mis­sions. The forms for the parties must be de­signed in a way that they can be com­pleted by per­sons who are not leg­ally trained.

³ The Fed­er­al Coun­cil may del­eg­ate re­spons­ib­il­ity for is­su­ing ad­min­is­trat­ive and tech­nic­al reg­u­la­tions to the Fed­er­al Of­fice of Justice.

¹ The can­tons may carry out pi­lot pro­jects with the con­sent of the Fed­er­al Coun­cil.

² The Fed­er­al Coun­cil may del­eg­ate com­pet­ence for the ap­prov­al of such pro­jects to the Fed­er­al Of­fice of Justice.

The re­peal and amend­ment of ex­ist­ing le­gis­la­tion is dealt with in An­nex 1.

The co­ordin­a­tion of this Code with pro­vi­sions of oth­er en­act­ments is dealt with in An­nex 2.

¹ Pro­ceed­ings that are pending when this Code comes in­to force are gov­erned by the pre­vi­ous pro­ced­ur­al law un­til the close of the pro­ceed­ings be­fore the re­spect­ive in­stance.

² Ter­rit­ori­al jur­is­dic­tion is gov­erned by the new law. However, jur­is­dic­tion con­ferred un­der the pre­vi­ous law con­tin­ues.

¹ Ap­pel­late rem­ed­ies are gov­erned by the law in force when no­tice of the de­cision is giv­en to the parties.

² The re­view of a de­cision no­ti­fied un­der the pre­vi­ous law is gov­erned by the new law.

The valid­ity of an agree­ment on jur­is­dic­tion is gov­erned by the law in force at the time of con­clu­sion of the agree­ment.

¹ The valid­ity of ar­bit­ra­tion agree­ments con­cluded be­fore the com­mence­ment of this Code is gov­erned by the law that fa­vours the agree­ment.

² Ar­bit­ra­tion pro­ceed­ings that are pending on the com­mence­ment of this Code are gov­erned by the pre­vi­ous law. The parties may, however, agree on the ap­plic­a­tion of the new law.

³ Ap­pel­late rem­ed­ies are gov­erned by the law in force when no­tice of the ar­bit­ral award is giv­en to the parties.

⁴ Ju­di­cial pro­ceed­ings un­der Art­icle 356 that are pending on the com­mence­ment of this Code are gov­erned by the pre­vi­ous law.

In pro­ceed­ings that are pending when the Amend­ment of 28 Septem­ber 2012 to this Code comes in­to force, the new law ap­plies to pro­ced­ur­al acts from the date on which the Amend­ment comes in­to force

¹ The new law ap­plies to pro­ceed­ings that are pending when the Amend­ment of 20 March 2015 comes in­to force.

² New pray­ers for re­lief that are filed as a res­ult of the change in the law ap­plic­able are per­mit­ted; un­con­tested parts of a de­cision re­main bind­ing un­less they are so closely ma­ter­i­ally con­nec­ted with pray­ers for re­lief that have yet to be judged that it is reas­on­able to judge the en­tire mat­ter.

¹ The new law ap­plies to di­vorce pro­ceed­ings that are pending when the Amend­ment of 19 June 2015 comes in­to force.

² New pray­ers for re­lief that are filed as a res­ult of the change in the law ap­plic­able are per­mit­ted; un­con­tested parts of a de­cision re­main bind­ing un­less they are so closely ma­ter­i­ally con­nec­ted with pray­ers for re­lief that have yet to be judged that it is reas­on­able to judge the en­tire mat­ter.

The new law ap­plies to pro­ceed­ings pending when the amend­ment of 25 Septem­ber 2020 comes in­to force.

¹ This Code is sub­ject to an op­tion­al ref­er­en­dum.

² The Fed­er­al Coun­cil shall de­term­ine the com­mence­ment date.

Com­mence­ment Date: 1 Janu­ary 2011²⁰³