Swiss Civil Procedure Code
(Civil Procedure Code, CPC)

¹ The or­din­ary court or, un­less the parties have oth­er­wise agreed, the ar­bit­ral tribunal may at the re­quest of a party or­der in­ter­im meas­ures, in­clud­ing meas­ures to pro­tect the evid­ence.

² If the per­son con­cerned does not com­ply with the meas­ure ordered by the ar­bit­ral tribunal, the tribunal or a party may ap­ply to the or­din­ary court for it to is­sue the ne­ces­sary or­ders; if the ap­plic­a­tion is made by a party, it re­quires the con­sent of the ar­bit­ral tribunal.

³ The ar­bit­ral tribunal or the or­din­ary court may make the in­ter­im meas­ures con­di­tion­al on the pay­ment of se­cur­ity if it is an­ti­cip­ated that the meas­ures may cause harm to the oth­er party.

⁴ The ap­plic­ant is li­able for the harm caused by un­jus­ti­fied in­ter­im meas­ures. If he or she proves, however, that the ap­plic­a­tion for the meas­ures was made in good faith, the ar­bit­ral tribunal or the or­din­ary court may re­duce the dam­ages or re­lieve the ap­plic­ant en­tirely from li­ab­il­ity. The ag­grieved party may as­sert his or her claim in the pending ar­bit­ra­tion.

⁵ The se­cur­ity must be re­leased once it is es­tab­lished that no claim for dam­ages will be filed; where there is un­cer­tainty, the court shall set a dead­line for fil­ing the ac­tion.