Federal Act on Private International Law (PILA)
English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.
I. Scope of application. Seat of the arbitral trib
Art. 176
1 The provisions of this Chapter apply to arbitral tribunals that have their seat in Switzerland if, at the time that the arbitration agreement was concluded, at least one of the parties thereto did not have its domicile, its habitual residence or its seat in Switzerland. 2 The parties may exclude the application of this Chapter by making a declaration to this effect in the arbitration agreement or a subsequent agreement, and instead agree that the provisions of the third part of the CPC apply. The declaration must be in the form specified in Article 178 paragraph 1. 3 The seat of the arbitral tribunal is determined by the parties, or the arbitration institution designated by them, or, failing both, by the arbitral tribunal itself.
Para. 1 — Amended by No 1 of the FA of 19 June 2020, in force since 1 Jan. 2021 (AS 2020 4179; BBl 2018 7163). Para. 2 — SR 272 Para. 2 — Amended by No 1 of the FA of 19 June 2020, in force since 1 Jan. 2021 (AS 2020 4179; BBl 2018 7163). Para. 3 — Term in accordance with No 1 of the FA of 19 June 2020, in force since 1 Jan. 2021 (AS 2020 4179; BBl 2018 7163).
II. Arbitrability
Art. 177
1 Any claim involving an economic interest may be submitted to arbitration. 2 A state, or an enterprise held by or an organisation controlled by a state, that is party to an arbitration agreement, may not invoke its own law in order to contest its capacity to arbitrate or the arbitrability of a dispute covered by the arbitration agreement.
III. Arbitration agreement and arbitration clause
Amended by No 1 of the FA of 19 June 2020, in force since 1 Jan. 2021 (AS 2020 4179; BBl 2018 7163).
Art. 178
1 The arbitration agreement must be made in writing or any other means of communication allowing it to be evidenced by text. 2 As regards its substance, an arbitration agreement is valid if it conforms either to the law chosen by the parties, to the law governing the subject-matter of the dispute, in particular the law governing the main contract, or to Swiss law. 3 The validity of an arbitration agreement may not be contested on the grounds that the main contract is invalid or that the arbitration agreement concerns a dispute which has not yet arisen. 4 The provisions of this Chapter apply by analogy to an arbitration clause in a unilateral transaction or in articles of association.
Para. 1 — Amended by No 1 of the FA of 19 June 2020, in force since 1 Jan. 2021 (AS 2020 4179; BBl 2018 7163). Para. 4 — Inserted by No 1 of the FA of 19 June 2020, in force since 1 Jan. 2021 (AS 2020 4179; BBl 2018 7163).
IV. Members of the arbitral tribunal
1. Appointment and replacement
Art. 179
1 The members of the arbitral tribunal shall be appointed or replaced in accordance with the agreement between the parties. Unless the parties agree otherwise, the arbitral tribunal shall comprise three members, with the parties each appointing one member; the members shall appoint a chairperson by unanimous decision. 2 In the absence of an agreement or if the members of the arbitral tribunal cannot be appointed or replaced for other reasons, the state court where the arbitral tribunal has its seat may be seized. If the parties have not agreed on a seat or only agreed that the seat of the arbitral tribunal be in Switzerland, the first state court seized has jurisdiction. 3 Where a state court is called upon to appoint or replace a member of the arbitral tribunal, it shall make the appointment unless a summary examination shows that no arbitration agreement exists between the parties. 4 The state court shall at the request of a party take the measures required to constitute the arbitral
Art. 181 — Amended by No 1 of the FA of 19 June 2020, in force since 1 Jan. 2021 (AS 2020 4179; BBl 2018 7163).
2. Challenging members of the arbitral tribunals
a. Grounds
Amended by No 1 of the FA of 19 June 2020, in force since 1 Jan. 2021 (AS 2020 4179; BBl 2018 7163).
Art. 180
1 A member of the arbitral tribunal may be challenged: a. if they lack the qualifications agreed 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 circumstances exist that give rise to legitimate doubt as to his or her independence or impartiality. 2 A party may challenge a member of the arbitral tribunal who has been appointed by that party or in whose appointment that party has participated only on grounds that have come to their attention after the appointment despite exercising due diligence. 3 ...
Para. 1 — Amended by No 1 of the FA of 19 June 2020, in force since 1 Jan. 2021 (AS 2020 4179; BBl 2018 7163). Para. 1 let. c — Amended by No 1 of the FA of 19 June 2020, in force since 1 Jan. 2021 (AS 2020 4179; BBl 2018 7163). Para. 2 — Amended by No 1 of the FA of 19 June 2020, in force since 1 Jan. 2021 (AS 2020 4179; BBl 2018 7163). Para. 3 — Repealed by No 1 of the FA of 19 June 2020, with effect from 1 Jan. 2021 (AS 2020 4179; BBl 2018 7163).
b. Procedure
Art. 180a
1 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. 2 The challenging party may within 30 days of filing the challenge request the state court to reject the challenged member. The state court’s decision is final. 3 During the challenge procedure, the arbitral tribunal may continue the proceedings without excluding the challenged member until the decision is taken, unless the parties have agreed otherwise.
Art. 180a — Inserted by No 1 of the FA of 19 June 2020, in force since 1 Jan. 2021 (AS 2020 4179; BBl 2018 7163).
3. Removal
Art. 180b
1 Any member of the arbitral tribunal may be removed with the agreement of the parties. 2 If a member of the arbitral tribunal is unable to carry out his or her duties within a reasonable time or with due care, and unless the parties have agreed otherwise, any party may file a written request with the state court for the member to be removed, stating the grounds. The state court’s decision is final.
Art. 180b — Inserted by No 1 of the FA of 19 June 2020, in force since 1 Jan. 2021 (AS 2020 4179; BBl 2018 7163).
V. Lis pendens
Art. 181
The arbitral proceedings become pending from the time when one of the parties submits its request to the member of the arbitral tribunal designated in the arbitration agreement or, in the absence of such designation, from the time when one of the parties initiates the procedure for constituting the arbitral tribunal.
Art. 181 — Amended by No 1 of the FA of 19 June 2020, in force since 1 Jan. 2021 (AS 2020 4179; BBl 2018 7163).
VI. Procedure
1. In general
Art. 182
1 The parties may determine the arbitral procedure, either themselves or by reference to arbitration rules; they may also make the procedure subject to a procedural law of their choice. 2 Where the parties have not determined the procedure, the arbitral tribunal shall determine it to the extent necessary, either directly or by reference to a law or to arbitration rules. 3 Regardless of the procedure chosen, the arbitral tribunal shall guarantee the equal treatment of the parties and their right to be heard in adversarial proceedings. 4 A party that continues with the arbitration proceedings without objecting immediately to a breach of the rules of procedure of which it is aware or which it would have been aware had it exercised due diligence may not invoke this breach at a later point in the proceedings.
Para. 1 — Amended by No 1 of the FA of 19 June 2020, in force since 1 Jan. 2021 (AS 2020 4179; BBl 2018 7163). Para. 4 — Inserted by No 1 of the FA of 19 June 2020, in force since 1 Jan. 2021 (AS 2020 4179; BBl 2018 7163).
2. Interim and conservatory measures
Art. 183
1 Unless the parties have agreed otherwise, the arbitral tribunal may, at the request of a party, order interim measures or conservatory measures. 2 If the party concerned does not comply voluntarily with the measure ordered, the arbitral tribunal or a party may request the assistance of the competent court. The court shall apply its own law. 3 The arbitral tribunal or the state court may make the interim or conservatory measures subject to the provision of appropriate security.
Para. 2 — Amended by No 1 of the FA of 19 June 2020, in force since 1 Jan. 2021 (AS 2020 4179; BBl 2018 7163). Para. 3 — Term in accordance with No 1 of the FA of 19 June 2020, in force since 1 Jan. 2021 (AS 2020 4179; BBl 2018 7163). This amendment has been made throughout the text.
3. Taking of evidence
Art. 184
1 The arbitral tribunal takes the evidence itself. 2 Where state legal assistance is required for the taking of evidence, the arbitral tribunal or a party with the consent of the arbitral tribunal may request the participation of the state court at the seat of the arbitral tribunal. 3 The state court shall apply its own law. On request, it may apply or take account of other forms of procedure.
Para. 2 — Amended by No 1 of the FA of 19 June 2020, in force since 1 Jan. 2021 (AS 2020 4179; BBl 2018 7163). Para. 3 — Inserted by No 1 of the FA of 19 June 2020, in force since 1 Jan. 2021 (AS 2020 4179; BBl 2018 7163).
4. Other assistance by a state court
Art. 185
If any further assistance by a state court is required, the court at the seat of the arbitral tribunal has jurisdiction.
5. Participation of the state court in foreign arb
Art. 185a
1 An arbitral tribunal with seat abroad or a party to foreign arbitration proceedings may request the state court at the place where the interim or conservatory measure is to be executed to participate. Article 183 paragraphs 2 and 3 apply by analogy. 2 An arbitral tribunal with seat abroad or a party to foreign arbitration proceedings may with consent of the arbitral tribunal request the state court where evidence is to be taken to participate. Article 184 paragraphs 2 and 3 apply by analogy.
Art. 185a — Inserted by No 1 of the FA of 19 June 2020, in force since 1 Jan. 2021 (AS 2020 4179; BBl 2018 7163).
VII. Jurisdiction
Art. 186
1 The arbitral tribunal shall decide on its own jurisdiction. 1bis It shall decide on its jurisdiction without regard to any action having the same subject matter that is already pending between the same parties before a state court or another arbitral tribunal, unless there are substantial grounds for a stay in proceedings. 2 Any objection to its jurisdiction must be raised prior to any defence on the merits. 3 The arbitral tribunal shall, in general, decide on its jurisdiction by a preliminary decision.
Para. 1bis — Inserted by No I of the FA of 6 Oct. 2006 (Arbitration, Jurisdiction), in force since 1 March 2007 (AS 2007 387; BBl 2006 4677 4691).
VIII. Decision on the merits
1. Applicable law
Amended by No 1 of the FA of 19 June 2020, in force since 1 Jan. 2021 (AS 2020 4179; BBl 2018 7163).
Art. 187
1 The arbitral tribunal shall decide the dispute according to the rules of law chosen by the parties or, in the absence of such a choice, according to the rules of law with which the case has the closest connection. 2 The parties may authorise the arbitral tribunal to decide ex aequo et bono.
Para. 1 — Amended by No 1 of the FA of 19 June 2020, in force since 1 Jan. 2021 (AS 2020 4179; BBl 2018 7163).
2. Partial award
Art. 188
Unless the parties have agreed otherwise, the arbitral tribunal may render partial awards.
3. Procedure and form
Amended by No 1 of the FA of 19 June 2020, in force since 1 Jan. 2021 (AS 2020 4179; BBl 2018 7163).
Art. 189
1 The arbitral award shall be rendered in conformity with the procedure and form agreed by the parties. 2 In the absence of such an agreement, the award shall be made by a majority decision or, in the absence of a majority, by the chairperson. It shall be in writing, reasoned, dated and signed. The signature of the chairperson suffices.
Para. 2 — Term in accordance with No 1 of the FA of 19 June 2020, in force since 1 Jan. 2021 (AS 2020 4179; BBl 2018 7163). This change was made in the provision mentioned in the AS.
4. Correcting, explaining and supplementing the aw
Art. 189a
1 Unless the parties have agreed otherwise, either party may apply to the arbitral tribunal within 30 days of the award being communicated to correct typographical and accounting errors in the award, explain specific parts of the award or issue a supplementary award in relation to claims made in the arbitration proceedings that were not considered in the award. The arbitral tribunal may itself make corrections, explanations or additions within the same deadline. 2 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.
Art. 189a — Inserted by No 1 of the FA of 19 June 2020, in force since 1 Jan. 2021 (AS 2020 4179; BBl 2018 7163).
IX. Finality, Action to contest, Review
1. Action to set aside
Amended by No 1 of the FA of 19 June 2020, in force since 1 Jan. 2021 (AS 2020 4179; BBl 2018 7163).
Art. 190
1 The award is final from the time when it is communicated. 2 An arbitral award may be contested only: a. where the sole member of the arbitral tribunal was improperly appointed or the arbitral tribunal improperly constituted; b. where the arbitral tribunal wrongly accepted or declined jurisdiction; c. where the arbitral tribunal ruled beyond the claims submitted to it, or failed to decide one of the claims; d. where the principle of equal treatment of the parties or their right to be heard in an adversary procedure were violated; e. where the award is incompatible with public policy. 3 Preliminary awards may only be contested on the grounds of the above paragraphs 2 letters a and b; the time-limit for filing the appeal runs from the communication of the award. 4 The time-limit for filing the appeal amounts to 30 days from the award being communicated.
Para. 2 let. a — Term in accordance with No 1 of the FA of 19 June 2020, in force since 1 Jan. 2021 (AS 2020 4179; BBl 2018 7163). Para. 4 — Inserted by No 1 of the FA of 19 June 2020, in force since 1 Jan. 2021 (AS 2020 4179; BBl 2018 7163).
2. Review
Art. 190a
1 A party may request a review of an award if: a. it has subsequently become aware of significant facts or uncovered decisive evidence which it could not have produced in the earlier proceedings despite exercising due diligence; the foregoing does not apply to facts or evidence that came into existence after the award was issued; 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. a ground for a challenge under Article 180 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 request for a review must be filed within 90 days of the grounds for review coming to light. A review may not be requested more than ten years after the award becomes lega
Art. 190a — Inserted by No 1 of the FA of 19 June 2020, in force since 1 Jan. 2021 (AS 2020 4179; BBl 2018 7163).
3. Only appeal authority
Art. 191
The only appeal authority is the Swiss Federal Supreme Court. The procedures are governed by Articles 77 and 119a of the Federal Supreme Court Act of 17 June 2005.
Art. 191 — Amended by No 1 of the FA of 19 June 2020, in force since 1 Jan. 2021 (AS 2020 4179; BBl 2018 7163). SR 173.110
X. Exclusion agreement
Art. 192
1 If none of the parties has their domicile, habitual residence or seat in Switzerland, they may, by a declaration in the arbitration agreement or by subsequent agreement, wholly or partly exclude all appeals against arbitral awards; the right to a review under Article 190a paragraph 1 letter b may not be waived. The agreement requires the form specified in Article 178 paragraph 1. 2 Where the parties have excluded all setting aside proceedings and where the awards are to be enforced in Switzerland, the New York Convention of 10 June 1958 on the Recognition and Enforcement of Foreign Arbitral Awards applies by analogy.
Para. 1 — Amended by No 1 of the FA of 19 June 2020, in force since 1 Jan. 2021 (AS 2020 4179; BBl 2018 7163). Para. 2 — SR 0.277.12
XI. Deposit and certificate of enforceability
Amended by No 1 of the FA of 19 June 2020, in force since 1 Jan. 2021 (AS 2020 4179; BBl 2018 7163).
Art. 193
1 Each party may at its own expense deposit a copy of the award with the state court at the seat of the arbitral tribunal. 2 At the request of a party, the state court at the seat of the arbitral tribunal shall certify the enforceability of the award. 3 At the request of a party, the arbitral tribunal shall certify that the award has been made in conformity with the provisions of this Act; such certificate has the same effect as the deposit of the award.
Para. 1 — Amended by No 1 of the FA of 19 June 2020, in force since 1 Jan. 2021 (AS 2020 4179; BBl 2018 7163). Para. 2 — Amended by No 1 of the FA of 19 June 2020, in force since 1 Jan. 2021 (AS 2020 4179; BBl 2018 7163).
XII. Foreign arbitral awards
Art. 194
The recognition and enforcement of foreign arbitral awards is governed by the New York Convention of 10 June 1958 on the Recognition and Enforcement of Foreign Arbitral Awards.
SR 0.277.12