Civil Procedure Code (CPC)
English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.
Title 1 General Provisions
Art. 353 Scope of application
1 The provisions of this Part apply to the proceedings before arbitral tribunals based in Switzerland, unless the provisions of the Twelfth Chapter of the PILA apply. 2 The parties may exclude the application of this Part by making a declaration to this effect in the arbitration agreement or a subsequent agreement, and instead agree that the provisions of the Twelfth Chapter of the PILA apply. The declaration must be in the form specified in Article 358.
Para. 1 — SR 291 Para. 2 — Amended by Annex No 2 of the FA of 19 June 2020, in force since 1 Jan. 2021 (AS 2020 4179; BBl 2018 7163).
Art. 354 Arbitrability
Any claim over which the parties may freely dispose may be the object of an arbitration agreement.
Art. 355 Location of the arbitral tribunal
1 The location of the arbitral tribunal shall be determined by the parties or by the body they have designated. If no location is determined, the arbitral tribunal itself determine its location. 2 If neither the parties nor the designated body nor the arbitral tribunal determine the location, the ordinary court that would have jurisdiction to decide the matter in the absence of an arbitration agreement shall decide. 3 If several ordinary courts have jurisdiction, the location of the arbitral tribunal shall be the location of the ordinary court first seised by virtue of Article 356. 4 Unless the parties have agreed otherwise, the arbitral tribunal may hold hearings, take evidence and deliberate at any other location.
Art. 356 Competent ordinary courts
1 The canton in which the arbitral tribunal is located shall designate a superior court that shall have jurisdiction: a. to decide on objections and applications for review; b. to receive the arbitral award on deposit and to certify its enforceability. 2 The canton where the arbitral tribunal is located shall designate a different court or a differently composed court to have jurisdiction as the sole instance for: a. the appointment, challenge, removal and replacement of the arbitrators; b. the extension of the arbitral tribunal's term of office; c. supporting the arbitral tribunal in all its procedural acts. 3 The competent ordinary court decides in summary proceedings other than in cases under paragraph 1 letter a. Article 251a paragraph 2 applies.
Para. 3 — Inserted by Annex No 2 of the FA of 19 June 2020, in force since 1 Jan. 2021 (AS 2020 4179; BBl 2018 7163). Para. 3 — Second sentence inserted by No I of the FA of 17 March 2023 (Improving Practicality and Law Enforcement), in force since 1 Jan. 2025 (AS 2023 491; BBl 2020 2697).
Title 2 Arbitration Agreement and Arbitration Clau
Amended by Annex No 2 of the FA of 19 June 2020, in force since 1 Jan. 2021 (AS 2020 4179; BBl 2018 7163).
Art. 357 Arbitration agreement
1 The arbitration agreement may relate to existing or future disputes arising from a specific legal relationship. 2 The validity of the agreement may not be disputed on the ground that the main contract is invalid.
Art. 358 Form
1 The arbitration agreement must be done in writing or in any other form allowing it to be evidenced by text. 2 The provisions of this Part apply by analogy to arbitration clauses in unilateral transactions or in articles of association.
Para. 2 — Inserted by Annex No 2 of the FA of 19 June 2020, in force since 1 Jan. 2021 (AS 2020 4179; BBl 2018 7163).
Art. 359 Challenging the arbitral tribunal's jurisdiction
1 If the validity of the arbitration agreement, its content, its scope or the proper constitution of the arbitral tribunal is challenged before the arbitral tribunal, the tribunal shall decide on its own jurisdiction by way of an interim decision or in the final award on the merits. 2 An objection to the arbitral tribunal on the grounds of lack of jurisdiction must be raised prior to any defence on the merits.
Title 3 Constitution of the Arbitral Tribunal
Art. 360 Number of arbitrators
1 The parties may freely agree on the number of arbitrators. In the absence of an agreement, the arbitral tribunal shall comprise three members. 2 If the parties have agreed on an even number of arbitrators, it is presumed that an additional arbitrator must be appointed as the chairperson.
Art. 361 Appointment by the parties
1 The members of the arbitral tribunal shall be appointed as agreed by the parties. 2 In the absence of any agreement, each party shall appoint the same number of arbitrators; the arbitrators shall then unanimously elect another person as chairperson. 3 If an arbitrator is designated by his or her function, the holder of that function who accepts the mandate is deemed to be appointed. 4 In matters relating to the tenancy and lease of residential property, only the conciliation authority may be appointed as arbitral tribunal.
Art. 362 Appointment by the ordinary court
1 If the arbitration agreement provides no other body for the appointment, or if such body does not appoint the members within a reasonable time, the ordinary court competent under Article 356 paragraph 2 shall proceed with the appointment at the request of one of the parties if: a. the parties cannot agree on the appointment of the single arbitrator or the chairperson; b. a party fails to designate his or her arbitrator within 30 days from being requested to do so; or c. the appointed arbitrators cannot agree on the appointment of the chairperson within 30 days from their appointment. 2 In case of a multi-party arbitration, the ordinary court competent under Article 356 paragraph 2 may appoint all the arbitrators. 3 If an ordinary court is designated to appoint an arbitrator, it must proceed with the appointment unless a summary examination shows that no arbitration agreement exists between the parties.
Art. 363 Duty to disclose
1 A person asked to take the office of an arbitrator must disclose immediately any circumstances that might raise reasonable doubts about his or her independence or impartiality. 2 This duty continues throughout the proceedings.
Art. 364 Acceptance of office
1 The arbitrators shall confirm acceptance of their office. 2 The arbitral tribunal is constituted only when all the arbitrators have accepted their office.
Art. 365 Secretary
1 The arbitral tribunal may appoint a secretary. 2 Articles 363 paragraph 1 and 367 to 369 apply by analogy.
Art. 366 Term of office
1 The parties may limit the term of office in the arbitration agreement or in a subsequent agreement. 2 The term of office within which the arbitral tribunal must issue its award may be extended: a. by agreement of the parties; b. at the request of a party or of the arbitral tribunal: by the ordinary court with jurisdiction under Article 356 paragraph 2.
Title 4 Challenge, Removal and Replacement of Arbi
Art. 367 Rejection of an arbitrator
1 A member of the arbitral tribunal may be challenged: a. if he or she lacks the qualifications required by the parties; b. if there is a ground for challenge in accordance with the rules of arbitration adopted by the parties; or c. if there is reasonable doubt as to his or her independence or impartiality. 2 A party may challenge an arbitrator whom that party has appointed or in whose appointment that party has participated only if the grounds for the challenge came to the attention of the party concerned after the appointment despite exercising due diligence. Notice of the reason for the challenge must be given to the arbitral tribunal and the opposing party immediately.
Para. 2 — Amended by Annex No 2 of the FA of 19 June 2020, in force since 1 Jan. 2021 (AS 2020 4179; BBl 2018 7163).
Art. 368 Challenging the arbitral tribunal
1 A party may challenge the arbitral tribunal if an opposing party has exerted a predominant influence on the appointment of its members. Notice of the challenge must be given to the arbitral tribunal and the opposing party immediately. 2 The new arbitral tribunal is constituted according to the procedure specified in Articles 361 and 362. 3 The parties may appoint the members of the challenged arbitral tribunal again as arbitrators.
Art. 369 Challenge procedure
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. 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. 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
Para. 2 — Amended by Annex No 2 of the FA of 19 June 2020, in force since 1 Jan. 2021 (AS 2020 4179; BBl 2018 7163). Para. 3 — Amended by Annex No 2 of the FA of 19 June 2020, in force since 1 Jan. 2021 (AS 2020 4179; BBl 2018 7163).
Art. 370 Removal
1 Any member of the arbitral tribunal may be removed by a written agreement of the parties. The agreement requires the form specified for an arbitration agreement. 2 If a member of the arbitral tribunal is unable to fulfil his or her duties within due time or with due care, unless the parties have agreed otherwise, he or she may be removed at a party's request by the body designated by the parties or, if no such body has been designated, by the ordinary court that has jurisdiction under Article 356 paragraph 2. 3 Article 369 paragraph 5 applies to the challenge of the removal.
Para. 1 — Amended by No I of the FA of 17 March 2023 (Improving Practicality and Law Enforcement), in force since 1 Jan. 2025 (AS 2023 491; BBl 2020 2697). Para. 2 — Amended by Annex No 2 of the FA of 19 June 2020, in force since 1 Jan. 2021 (AS 2020 4179; BBl 2018 7163).
Art. 371 Replacement of an arbitrator
1 If an arbitrator must be replaced, the same procedure as for appointment applies, unless the parties agree or have agreed otherwise. 2 If 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. 3 In 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. 4 The deadline within which the arbitral tribunal must issue its award is not suspended during the replacement procedure.
Title 5 Arbitration Proceedings
Art. 372 Pendency
1 Arbitration proceedings become pending: a. when a party seises the arbitral tribunal designated in the arbitration agreement; or b. if no arbitral tribunal is designated in the arbitration agreement: when a party initiates the procedure to constitute the arbitral tribunal or the preceding conciliation proceedings agreed by the parties. 2 …
Para. 2 — Repealed by No I of the FA of 17 March 2023 (Improving Practicality and Law Enforcement), with effect from 1 Jan. 2025 (AS 2023 491; BBl 2020 2697).
Art. 373 General rules of procedure
1 The parties may regulate the arbitration procedure: a. themselves; b. by referring to a set of arbitration rules; c. according to a procedural law of their choice. 2 If the parties have not regulated the procedure, it is determined by the arbitral tribunal. 3 The chairperson of the arbitral tribunal may decide on certain procedural questions if he or she is authorised to do so by the parties or by the other members of the tribunal. 4 The arbitral tribunal must guarantee the equal treatment of the parties and their right to be heard in adversarial proceedings. 5 Each party may act through a representative. 6 An objection to a breach of the rules of procedure must be filed immediately after it has been recognised or would have been recognisable had due diligence been exercised, otherwise it may not subsequently be claimed that the rules were breached.
Para. 6 — Amended by Annex No 2 of the FA of 19 June 2020, in force since 1 Jan. 2021 (AS 2020 4179; BBl 2018 7163).
Art. 374 Interim measures, security and damages
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 party 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. 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 d
Para. 2 — Amended by No I of the FA of 17 March 2023 (Improving Practicality and Law Enforcement), in force since 1 Jan. 2025 (AS 2023 491; BBl 2020 2697).
Art. 375 Taking of evidence and participation of the ordinary court
1 The arbitral tribunal takes the evidence itself. 2 If the taking of evidence or any other procedural act requires the assistance of the official authorities, the arbitral tribunal may request the participation of the ordinary court that has jurisdiction under Article 356 paragraph 2. With the consent of the arbitral tribunal, the same may also be requested by a party. 3 The members of the arbitral tribunal may participate in the procedural acts of the ordinary court and may ask questions.
Art. 376 Joinder of parties, joinder of actions and participation of third parties
1 Arbitration may be initiated by or against joint parties if: a. all the parties are connected among themselves by one or more corresponding arbitration agreements; and b. the asserted claims are identical or factually connected. 2 Factually connected claims between the same parties may be joined in the same arbitration proceedings if they are the subject of corresponding arbitration agreements between these parties. 3 The intervention of a third party and the joinder of a person notified as a party to an action require an arbitration agreement between the third party and the parties to the dispute and are subject to the consent of the arbitral tribunal.
Art. 377 Set-off and counterclaim
1 The arbitral tribunal has jurisdiction to decide the set-off defence, even if the claim to be set off does not fall within the scope of the arbitration agreement or is subject to another arbitration agreement or an agreement on jurisdiction. 2 The counterclaim is admissible if it concerns a claim that is covered by a corresponding arbitration agreement between the parties.
Art. 378 Advance of costs
1 The arbitral tribunal may order the advance of the presumed costs of the proceedings and may make the proceedings conditional on the payment of the advance. Unless the parties have agreed otherwise, the arbitral tribunal determines the amount to be paid by each party. 2 If one party does not pay the required advance, the other party may advance the entire costs or withdraw from the arbitration. In the latter case, the party withdrawing may initiate new arbitration proceedings for the same matter or proceed before the ordinary court.
Art. 379 Security for party costs
If the plaintiff appears to be insolvent, the arbitral tribunal may at the defendant's request order that security be provided by a certain deadline for the probable party costs due by the defendant. Article 378 paragraph 2 applies by analogy.
Art. 380 Legal aid
Legal aid is excluded.
Title 6 Arbitral Award
Art. 381 Applicable law
1 The arbitral tribunal decides: a. according to the rules of law chosen by the parties; or b. based on equity, if the parties have authorised it to do so. 2 In the absence of such choice or authorisation, it shall decide according to the law that an ordinary court would apply.
Art. 382 Deliberations and decision
1 All members of the arbitral tribunal must participate in the deliberations and decisions. 2 If an arbitrator refuses to participate in a deliberation or a decision, the others may deliberate or decide without him or her, unless the parties have agreed otherwise. 3 The award is determined by a majority decision, unless the parties have agreed otherwise. 4 If no majority is reached, the award is determined by the chairperson.
Art. 383 Interim and partial awards
Unless the parties have agreed otherwise, the arbitral tribunal may limit the proceedings to certain questions or prayers for relief.
Art. 384 Content of the award
1 The award contains details of: a. the composition of the arbitral tribunal; b. the location where the arbitral tribunal sits; c. the parties and their representatives; d. the parties' prayers for relief or, if none, the question to be decided; e. unless the parties have explicitly dispensed with this requirement: a statement of the facts, the legal considerations and, if applicable, the considerations in equity; f. the conclusions on the award on the merits, as well as the amount and allocation of the costs and party costs; g. the date of the award. 2 The award must be signed; the signature of the chairperson suffices.
Art. 385 Agreement between the parties
If the parties settle their dispute in the course of the arbitral proceedings, the arbitral tribunal shall on request record the agreement in the form of an award.
Art. 386 Notice and deposit
1 Each party is served with notice of the award. 2 Each party may at his or her own expense deposit a copy of the award with the ordinary court that has jurisdiction under Article 356 paragraph 1. 3 At the request of a party, this court shall certify the award as enforceable.
Art. 387 Effect of the award
Once notice of the award has been given to the parties, it has the effect of a legally-binding and enforceable judicial decision.
Art. 388 Correction, explanation and amendment of the award
1 Either party may apply to the arbitral tribunal to: a. correct typographical and arithmetical errors in the award; b. explain specific parts of the award; c. or issue a supplementary award in relation to claims made in the arbitration proceedings that were not considered in the award. 2 The application must be made to the arbitral tribunal within 30 days from the discovery of the error or the parts of the award that need to be explained or amended, but no later than one year from receiving notice of the award. 3 The application does not affect the deadlines for filing appeals. A new period for filing an appeal in relation to the corrected, explained or supplemented part of the award begins from the date on which notice of the correction, explanation or supplement is given.
Para. 3 — Amended by Annex No 2 of the FA of 19 June 2020, in force since 1 Jan. 2021 (AS 2020 4179; BBl 2018 7163).
Title 7 Appellate Remedies
Chapter 1 Objections
Art. 389 Objection to the Federal Supreme Court
1 An arbitral award is subject to objection to the Federal Supreme Court. 2 The procedure is governed by the Federal Supreme Court Act of 17 June 2005, unless otherwise provided in this Chapter.
Para. 2 — SR 173.110
Art. 390 Objection to the cantonal court
1 By express declaration in the arbitration agreement or in a subsequent agreement, the parties may agree that the arbitral award may be contested by way of objection to the cantonal court that has jurisdiction under Article 356 paragraph 1. 2 The procedure is governed by Articles 319 to 327, unless otherwise provided in this Chapter. The decision of the cantonal court is final.
Art. 391 Subsidiarity
An objection is only admissible after the means of arbitral appeal provided for in the arbitration agreement are exhausted.
Art. 392 Challengeable awards
An objection is admissible against: a. partial and final awards; b. interim awards on the grounds listed in Article 393 letters a and b.
Art. 393 Grounds for objection
An arbitral award may be contested on the following grounds: a. the single arbitrator was appointed or the arbitral tribunal composed in an irregular manner; b. the arbitral tribunal wrongly declared itself to have or not to have jurisdiction; c. the arbitral tribunal decided issues that were not submitted to it or failed to decide on a prayer for relief; d. the principles of equal treatment of the parties or the right to be heard were violated; e. the award is arbitrary in its result because it is based on findings that are obviously contrary to the facts as stated in the case files or because it constitutes an obvious violation of law or equity; f. the costs and compensation fixed by the arbitral tribunal are obviously excessive.
Art. 394 Remit for rectification or amendment
After hearing the parties, the appellate court may remit the award to the arbitral tribunal, setting a deadline to rectify or amend it.
Art. 395 Decision
1 If the award is not remitted to the arbitral tribunal or if it is not rectified or amended by the tribunal within the set deadline, the appellate court shall decide and, if the objection is approved, shall set aside the award. 2 If the award is set aside, the arbitral tribunal shall make a new award consistent with the considerations taken into account in the decision to remit the case. If the tribunal is no longer complete, Article 371 applies. 3 Setting aside may be limited to certain parts of the award if the other parts do not depend on them. 4 If the arbitral award is contested on the grounds that the compensation and costs are obviously excessive, the appellate court may itself decide on them.
Para. 2 — Second sentence inserted by Annex No 2 of the FA of 19 June 2020, in force since 1 Jan. 2021 (AS 2020 4179; BBl 2018 7163).
Chapter 2 Review
Art. 396 Grounds for review
1 A party may request the ordinary court that has jurisdiction under Article 356 paragraph 1 to review an arbitral award if: a. the party, despite exercising due diligence, subsequently discovers significant facts or decisive evidence that could not have been submitted in the earlier proceedings; excluded are 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; d. a ground for challenge under Article 367 paragraph 1 letter c only came to light after conclusion of the arbitration proceedings despite exercising due diligence and no other legal remedy is available. 2 The review on the grounds of a violation of t
Para. 1 let. a — Amended by No I of the FA of 17 March 2023 (Improving Practicality and Law Enforcement), in force since 1 Jan. 2025 (AS 2023 491; BBl 2020 2697). Para. 1 let. d — Inserted by Annex No 2 of the FA of 19 June 2020, in force since 1 Jan. 2021 (AS 2020 4179; BBl 2018 7163). Para. 2 — SR 0.101 Para. 2 let. a — Amended by Annex No 2 of the FA of 1 Oct. 2021, in force since 1 July 2022 (AS 2022 289; BBl 2021 300, 889).
Art. 397 Deadlines
1 The request for review must be filed within 90 days of discovery of the grounds for review. 2 The right to request for a review expires 10 years after the award comes into force, except in cases under Article 396 paragraph 1 letter b.
Art. 398 Procedure
The procedure is governed by Articles 330 to 331.
Art. 399 Remit to the arbitral tribunal
1 If the court approves the request for review, it shall set aside the arbitral award and remit the case to the arbitral tribunal for a new decision. 2 If the arbitral tribunal is no longer complete, Article 371 applies.