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Federal Act
on Private International Law
(PILA)

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).