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Federal Act
on Private International Law
(PILA)

Art. 176

I. Scope of ap­plic­a­tion. Seat of the ar­bit­ral tribunal

 

1 The pro­vi­sions of this Chapter ap­ply to ar­bit­ral tribunals that have their seat in Switzer­land if, at the time that the ar­bit­ra­tion agree­ment was con­cluded, at least one of the parties thereto did not have its dom­i­cile, its ha­bitu­al res­id­ence or its seat in Switzer­land.132

2 The parties may ex­clude the ap­plic­a­tion of this Chapter by mak­ing a de­clar­a­tion to this ef­fect in the ar­bit­ra­tion agree­ment or a sub­sequent agree­ment, and in­stead agree that the pro­vi­sions of the third part of the CPC133 ap­ply. The de­clar­a­tion must be in the form spe­cified in Art­icle 178 para­graph 1.134

3 The seat of the ar­bit­ral tribunal is de­term­ined by the parties, or the ar­bit­ra­tion in­sti­tu­tion des­ig­nated by them, or, fail­ing both, by the ar­bit­ral tribunal135 it­self.


132 Amended by No 1 of the FA of 19 June 2020, in force since 1 Jan. 2021 (AS 2020 4179; BBl 2018 7163).

133 SR 272

134 Amended by No 1 of the FA of 19 June 2020, in force since 1 Jan. 2021 (AS 2020 4179; BBl 2018 7163).

135 Term in ac­cord­ance with No 1 of the FA of 19 June 2020, in force since 1 Jan. 2021 (AS 2020 4179; BBl 2018 7163).