Questão jurídica principal
Whether the appeal against the Commercial Court's interim order was admissible under Art. 92 or Art. 93 BGG
Decisão extraída
The challenged order was not a decision on recusal under Art. 92 BGG, but an interim decision under Art. 93 BGG; admissibility required a showing of irreparable harm or immediate final resolution, which was not demonstrated.
Fundamentação extraída
The Commercial Court had only invited the parties to comment on a possible repetition of the evidence hearing and had not yet decided on that issue. The alleged disadvantages from applying the Zurich CPC were not irreparable because they could still be cured by a later favorable decision.