Art. 178
III. Arbitration agreement and arbitration clause 1 The arbitration agreement must be made in writing or any other means of communication allowing it to be evidenced by text.137 2 As regards its substance, an arbitration agreement is valid if it conforms either to the law chosen by the parties, to the law governing the subject-matter of the dispute, in particular the law governing the main contract, or to Swiss law. 3 The validity of an arbitration agreement may not be contested on the grounds that the main contract is invalid or that the arbitration agreement concerns a dispute which has not yet arisen. 4 The provisions of this Chapter apply by analogy to an arbitration clause in a unilateral transaction or in articles of association.138 137 Amended by No 1 of the FA of 19 June 2020, in force since 1 Jan. 2021 (AS 2020 4179; BBl 2018 7163). 138 Inserted by No 1 of the FA of 19 June 2020, in force since 1 Jan. 2021 (AS 2020 4179; BBl 2018 7163). |