Federal Act
on the Amendment of the Swiss Civil Code
(Part Five: The Code of Obligations)

¹ The art­icles of as­so­ci­ation may provide that dis­putes un­der com­pany law be ad­ju­dic­ated by an ar­bit­ral tribunal that has its seat in Switzer­land. Un­less the art­icles of as­so­ci­ation provide oth­er­wise, the ar­bit­ra­tion clause is bind­ing on the com­pany, the cor­por­ate bod­ies of the com­pany, the mem­bers the cor­por­ate bod­ies and the share­hold­ers.

² The pro­ced­ure be­fore the ar­bit­ral tribunal is gov­erned by the pro­vi­sions of Part 3 of the Civil Pro­ced­ure Code⁵²⁴; Chapter 12 of Fed­er­al Act of 18 Decem­ber 1987⁵²⁵ on Private In­ter­na­tion­al Law does not ap­ply.

³ The articles of association may regulate the details, in particular by reference to arbitration regulations. They shall in any event ensure that persons who may be directly affected by the legal consequences of the arbitral award are notified of the instigation and conclusion of the proceedings and may participate in appointing the arbitral tribunal and in the proceedings as an intervening party.