Swiss Civil Procedure Code
(Civil Procedure Code, CPC)

¹ The parties may freely agree on the chal­lenge pro­ced­ure.

² Un­less the parties have agreed oth­er­wise and if the ar­bit­ra­tion pro­ceed­ings have not yet been con­cluded, writ­ten no­tice of the chal­lenge stat­ing the grounds must be giv­en to the chal­lenged mem­ber of the ar­bit­ral tribunal and the oth­er mem­bers of the ar­bit­ral tribunal with­in 30 days of the date on which the chal­len­ging party be­comes aware of the grounds for the chal­lenge or could have be­come aware there­of had it ex­er­cised due di­li­gence.¹⁸⁷

³ The chal­len­ging party may with­in 30 days of fil­ing the chal­lenge re­quest a de­cision by the body des­ig­nated by the parties or, if no such body has been des­ig­nated, by the state court that has jur­is­dic­tion un­der Art­icle 356 para­graph 2.¹⁸⁸

⁴ Un­less the parties have agreed oth­er­wise, the ar­bit­ral tribunal may con­tin­ue with the ar­bit­ra­tion dur­ing the chal­lenge pro­ced­ure and make an award without ex­clud­ing the chal­lenged ar­bit­rat­or.

⁵ The de­cision on the chal­lenge may be con­tested only once the first ar­bit­ral award has been made.