Commentaries: Art. 251a

Summary proceedings may be brought in particular in the following cases:¹
1. appointing and replacing members of an arbitral tribunal (Art. 179 para. 2–5 PILA²);
2. challenging and removing a member of an arbitral tribunal (Art. 180a para. 2 and Art. 180b para. 2 PILA);
3. obtaining assistance from the state court in enforcing interim measures (Art. 183 para. 2 PILA) and in taking evidence (Art. 184 para. 2 PILA);
4. obtaining other forms of assistance from the state court in the arbitration proceedings (Art. 185 PILA);
5. obtaining assistance from the state court in the case of foreign arbitration proceedings (Art. 185a PILA);
6. depositing the award and certifying its enforceability (Art. 193 PILA);
7. acknowledging and executing foreign awards (Art. 194 PILA).
Cantonal law may provide that, at the request of all parties, English is used as the language of proceedings if English is used for the arbitration agreement or arbitration clause or as the language of proceedings in the arbitration.³

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). ↩
SR 291 ↩
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). ↩

Art. 251a