Entry into force of the Swiss Code of Civil Procedure (CPC) und arbitral decisions

The Swiss CPC enters into force on 1 January 2011 (Harmonizing civil procedure legislation). The new act replaces the 26 cantonal civil procedure legislations. Based on the Concordat of 27 March 1969 concerning arbitration, the third part of the CPC (Art. 353 ff CPC) regulates arbitration cases internal to Switzerland (German BBl 2006 7221, 7240, French, Italian).

In this regard, we remind that the IPI can only enforce arbitral decisions if a certificate of enforceability is produced (PMMBl 1976 I, 9, 10). Pursuant to the new Art. 356 CPC, the Canton of the arbitration court designates a high court which is competent for the said certificate concerning the arbitral decision.