¹ The members of the arbitral tribunal shall be appointed or replaced in accordance with the agreement between the parties. Unless the parties agree otherwise, the arbitral tribunal shall comprise three members, with the parties each appointing one member; the members shall appoint a chairperson by unanimous decision.

² In the absence of an agreement or if the members of the arbitral tribunal cannot be appointed or replaced for other reasons, the state court where the arbitral tribunal has its seat may be seized. If the parties have not agreed on a seat or only agreed that the seat of the arbitral tribunal be in Switzerland, the first state court seized has jurisdiction.

³ Where a state court is called upon to appoint or replace a member of the arbitral tribunal, it shall make the appointment unless a summary examination shows that no arbitration agreement exists between the parties.

⁴ The state court shall at the request of a party take the measures required to constitute the arbitral tribunal in the event that the parties or members of the arbitral tribunal do not fulfil their obligations within 30 days of being requested to do so.

⁵ In the case of a multiple-party dispute, the state court may appoint all the members of the arbitral tribunal.

⁶ A person who is asked to become a member of the arbitral tribunal shall without delay disclose the existence of circumstances that could give rise to legitimate doubt as to his or her independence or impartiality. This obligation applies throughout the entire proceedings.