Swiss Civil Procedure Code

¹If an ar­bit­rat­or must be re­placed, the same pro­ced­ure as for ap­point­ment ap­plies, un­less the parties agree or have agreed oth­er­wise.

²If re­place­ment can­not be ef­fected in this way, the new ar­bit­rat­or shall be nom­in­ated by the or­din­ary court that has jur­is­dic­tion un­der Art­icle 356 para­graph 2 un­less the ar­bit­ra­tion agree­ment ex­cludes this pos­sib­il­ity or be­comes in­ef­fect­ive on the re­tire­ment of an ar­bit­rat­or.

³In the ab­sence of an agree­ment between the parties, the newly con­sti­tuted ar­bit­ral tribunal shall de­cide on the ex­tent to which pro­ced­ur­al acts in which the re­placed ar­bit­rat­or has par­ti­cip­ated must re­peated.

⁴The dead­line with­in which the ar­bit­ral tribunal must is­sue its award is not sus­pen­ded dur­ing the re­place­ment pro­ced­ure.