CPC Art. 359 - Challenging the arbitral tribunal'"s jurisdiction

Einleitung zur Rechtsnorm CPC:

Art. 359 CPC from 2024

Art. 359 Challenging the arbitral tribunal'"s jurisdiction

¹ If the validity of the arbitration agreement, its content, its scope or the proper constitution of the arbitral tribunal is challenged before the arbitral tribunal, the tribunal shall decide on its own jurisdiction by way of an interim decision or in the final award on the merits.

² An objection to the arbitral tribunal on the grounds of lack of jurisdiction must be raised prior to any defence on the merits.