Federal Act
on Private International Law
(PILA)

¹ The parties may de­term­ine the ar­bit­ral pro­ced­ure, either them­selves or by ref­er­ence to ar­bit­ra­tion rules; they may also make the pro­ced­ure sub­ject to a pro­ced­ur­al law of their choice.¹⁴⁸

² Where the parties have not de­term­ined the pro­ced­ure, the ar­bit­ral tribunal shall de­term­ine it to the ex­tent ne­ces­sary, either dir­ectly or by ref­er­ence to a law or to ar­bit­ra­tion rules.

³ Re­gard­less of the pro­ced­ure chosen, the ar­bit­ral tribunal shall guar­an­tee the equal treat­ment of the parties and their right to be heard in ad­versari­al pro­ceed­ings.

⁴ A party that con­tin­ues with the ar­bit­ra­tion pro­ceed­ings without ob­ject­ing im­me­di­ately to a breach of the rules of pro­ced­ure of which it is aware or which it would have been aware had it ex­er­cised due di­li­gence may not in­voke this breach at a later point in the pro­ceed­ings.¹⁴⁹