Kernrechtsfrage
Whether the Federal Supreme Court could hear the appeal against the arbitral remand decision.
Extrahierter Entscheid
The challenged remand decision did not end the arbitral proceedings and was therefore an interlocutory award; it was appealable only on the limited grounds of Art. 393 lit. a and b ZPO, which were not invoked.
Extrahierte Begründung
A remand decision that leaves the merits open is not final. The appellant did not allege either improper composition of the tribunal or lack of jurisdiction, so the statutory conditions for review of an interlocutory arbitral award were absent.