Novelties in Civil Procedure Law 2021

In the area of Swiss civil procedural law, a handful of minor legislative changes will enter into effect as of January 1, 2021. Most novelties are of a technical nature or concern minor details. The following two practically relevant topics are briefly discussed in more detail:

As the only major change, the revision of the XII. Chapter of the Federal Act on Private International Law (PILA), which governs international arbitration in Switzerland,  is of relevance. Switzerland is one of the top locations for international arbitration and this revision will make Swiss international arbitration law even more user friendly and attractive for parties domiciled outside of SwitzerlandSTAIGER. has analyzed the changes in detail (see here).

Also worth mentioning is a change in the area of domestic arbitration. Under the current law, the formal requirements of an arbitration agreement are governed by Article 358(1) of the Code of Civil Procedure (CPC), which provides that an arbitration agreement must be concluded in writing or in another form that allows proof by text. The new Article 358 para. 2 states that the provisions of the CPC chapter on national arbitration shall also apply to arbitration clauses provided for in unilateral legal acts (e.g. in last wills, acts establishing foundations, trusts) or in a company’s articles of association.

The Swiss Federal Council justifies this step by stating that, on the one hand, the same adjustment is also made in the chapter on international arbitration (Article 178 para 4 PILA) and, on the other hand, the same formal requirements should apply to all agreements and unilateral legal acts. The doctrine and relevant case law on arbitration law had already considered such unilateral legal acts to be of arbitrable nature in principle. Therefore, it seems appropriate to clarify this question at the level of statutory law.