Swiss Civil Procedure Code

¹A party may re­quest the or­din­ary court that has jur­is­dic­tion un­der Art­icle 356 para­graph 1 to re­view an ar­bit­ral award if:

a.

the party sub­sequently dis­cov­ers sig­ni­fic­ant facts or de­cis­ive evid­ence that could not have been sub­mit­ted in the earli­er pro­ceed­ings, ex­clud­ing facts and evid­ence that arose after the ar­bit­ral award was made;

b.

crim­in­al pro­ceed­ings have es­tab­lished that the ar­bit­ral award was in­flu­enced to the det­ri­ment of the party con­cerned by a felony or mis­de­mean­our, even if no one is con­victed by a crim­in­al court; if crim­in­al pro­ceed­ings are not pos­sible, proof may be provided in some oth­er man­ner;

c.

it is claimed that the ac­cept­ance, with­draw­al or set­tle­ment of the claim is in­val­id.

²The re­view on the grounds of a vi­ol­a­tion of the ECHR¹ may be re­ques­ted if:

a.

the European Court of Hu­man Rights has de­term­ined in a fi­nal judg­ment that the ECHR or its pro­to­cols have been vi­ol­ated;

b.

com­pens­a­tion is not an ap­pro­pri­ate rem­edy for the ef­fects of the vi­ol­a­tion; and

c.

the re­view is ne­ces­sary to rem­edy the vi­ol­a­tion.