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.1
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 2.2
Article 369 paragraph 5 applies to the challenge of the removal.
Footnotes
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). ↩
Amended by Annex No 2 of the FA of 19 June 2020, in force since 1 Jan. 2021 (AS 2020 4179;BBl 2018 7163). ↩
0 commentaries
No commentaries are available for this article yet.