NEWSLETTER-2020-metin

220 NEWSLETTER 2020 a result of Swiss case law, which considered the domicile or the seat at the time of the initiation of the arbitration 2 . With the revision, it is clarified that when determining the ap- plication of the PILA, a party’s seat, domicile, or habitual residence at the time of conclusion of the arbitration agreement, should be taken into account, and any change to such at the initiation of the arbitration should be disregarded. Form Requirements Article 178 provides that the arbitration agreement should be made in writing by telegram, telex, telecopier or any other means of communication which could be evidenced by a text. The revisions made to this article aim to modernize the means used to enter into arbitration agreements, and will include an e-mail or any other form of modern communication. An important revision to the form of arbitration agreement is that now an arbitration agreement may be included in unilateral acts, such as tender offers, last wills, trusts, constitution deeds for foundations, and articles of associations. Chapter 12 will apply by analogy to arbitration agreements provided under unilateral acts. Arbitrators Article 179 of the PILA provides for party autonomy while con- stituting the arbitral tribunal. In cases where parties cannot reach an agreement, parties may request the assistance of the Swiss state court at the seat of arbitration. New revisions clarify that if the parties can- not agree on the constitution of the arbitral tribunal for longer than 30 days, each party may request such assistance. If the parties have not determined the seat, or if they have agreed that the seat of the arbitral tribunal is in Switzerland, the court first seized will have jurisdiction. 2 Sebastiano Nessi , ‘New Law Maintains Switzerland at the Forefront of Interna- tional Arbitration’, Kluwer Arbitration Blog, August 22 2020, http://arbitration- blog.kluwerarbitration.com/2020/08/22/new-law-maintains-switzerl and-at-the- forefront-of-international-arbitration/.