Schiedsgericht · arbitral tribunal
Switzerland is one of the most widely used seats of arbitration in the world. Where the seat is in Switzerland and a party is neither domiciled nor resident there, the chapter of the PILA on international arbitration applies. The Federal Administration's translation says arbitral tribunal, never arbitration court.
Request a demoThe term in four languages
- German
- Schiedsgericht
- French
- tribunal arbitral
- Italian
- tribunale arbitrale
- English
- arbitral tribunal
Definition
An arbitral tribunal is the private tribunal that the parties set up by an arbitration agreement to decide their dispute instead of the state courts. The Federal Act on Private International Law applies where the tribunal has its seat in Switzerland and at least one party is based abroad. That party must have had neither its domicile, nor its habitual residence, nor its seat in Switzerland when the agreement was concluded. The arbitral tribunal decides on its own jurisdiction.
Swiss federal acts are published in German, French and Italian, and all three versions are equally authoritative. The English term shown here comes from the Federal Administration's English translation, published on Fedlex for information only. Where there is no translation, it follows common usage.
Full glossaryThe term in an official text
Die Bestimmungen dieses Kapitels gelten für Schiedsgerichte mit Sitz in der Schweiz, sofern wenigstens eine Partei der Schiedsvereinbarung beim Abschluss ihren Wohnsitz, ihren gewöhnlichen Aufenthalt oder ihren Sitz nicht in der Schweiz hatte.
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.
Source: Fedlex, Federal Act on Private International Law. In Corrext, this segment and the ones around it appear in Fast lookup CHnell, each with its reference.