Art. 362 CPC from 2024
Art. 362 Appointment by the ordinary court
1 If the arbitration agreement provides no other body for the appointment, or if such body does not appoint the members within a reasonable time, the ordinary court competent under Article 356 paragraph 2 shall proceed with the appointment at the request of one of the parties if:a. the parties cannot agree on the appointment of the single arbitrator or the chairperson;b. a party fails to designate his or her arbitrator within 30 days from being requested to do so; orc. the appointed arbitrators cannot agree on the appointment of the chairperson within 30 days from their appointment.
2 In case of a multi-party arbitration, the ordinary court competent under Article 356 paragraph 2 may appoint all the arbitrators.
3 If an ordinary court is designated to appoint an arbitrator, it must proceed with the appointment unless a summary examination shows that no arbitration agreement exists between the parties.
Es besteht kein Anspruch auf Aktualität und Vollständigkeit/Richtigkeit.