NEWSLETTER-2020-metin

221 ARBITRATION LAW Another revision is made in terms of the number of arbitrators. If the parties do not agree on a number, there will be a three-member arbitral tribunal, which will be constituted by each party appointing one arbitrator and two co-arbitrators appointing the president of the tribunal. In terms of multi-party arbitrations, if the parties are unable to appoint the arbitrators, the Swiss state court may appoint all of the arbitrators. The revisions also clarify that an arbitrator has the duty to dis- close, without delay, situations, that may create justifiable doubts to his or her impartiality or independence throughout the proceedings. If an arbitrator is challenged, it would not mean that the arbitration is suspended unless the parties or the arbitral tribunal agree otherwise. Arbitration Procedure Article 182 maintains the general principle and allows parties to agree on the procedure of the arbitration. The arbitral tribunal still has discretion in deciding the procedure if the parties cannot reach an agreement. One of the revisions to Article 182 provides that a party should object during the proceedings if there is a due process viola- tion, allowing the arbitral tribunal to rule on such violation. With this revision, it is also aimed to eliminate any procedural objections made as a tactic by the losing party after the award. Access to Swiss State Courts Article 185(a) now allows foreign arbitral tribunals and foreign parties to access to Swiss state courts for the taking of evidence and interim measures. This revision aims to eliminate any enforceability problems of interim measures granted by a foreign arbitral tribunal. These requests to the Swiss state courts will be subject to the Swiss Code of Civil Procedure on summary proceedings. Challenges Against Awards The Swiss Federal Supreme Court continues to decide on the challenges against arbitral awards. The grounds for setting aside are