Decisions of the SCAI on the constitution of an arbitral tribunal and the appointment of an arbitrator are not subject to separate appeal


According of the Swiss Code of Civil Procedure, only the final arbitral awards by which an arbitral tribunal upholds, dismisses or rejects a claim in whole or in part, as well as partial arbitral awards by which a quantitative part is adjudicated and interim arbitral awards by which a preliminary question is decided may be challenged the Federal Supreme Court. However, no appeal may be lodged against procedural decisions, such as the prescribing of an advance on costs or a temporary suspension of the proceedings. Furthermore, the appointed of an arbitrator by private bodies on behalf of the parties (e.g. within the framework of the agreed rules of the ICC or SCAI) cannot be challenged. An irregular appointment or constitution can only be asserted with an appeal against the arbitral award. The Arbitration Court of the SCAI itself is not an arbitral tribunal, but an organ of this association which offers the administration of arbitration proceedings. Accordingly, decisions regarding the constitution of an arbitral tribunal are not arbitral awards and therefore cannot be challenged separately. [BGer 27.01.2018, 4A_546/2016]