Arbitration Board for Agricultural Leases

If disputes arise concerning agricultural leases, an expert appointed by the Department of Economic Affairs shall attempt to facilitate an agreement between the parties (§ 41 para. 4 GOG).

The Swiss Code of Civil Procedure (CCP) mandates that arbitration proceedings be conducted (Art. 197 of the CCP). These proceedings are initiated by submitting a petition in hard copy or in electronic form or orally on record (Art. 202 para. 1 of the CCP). The time limit for filing a petition is considered met when the petition is submitted, for example the time limit under Art. 26 of the Agricultural Lease Act for the action for extension. According to Art. 61 para. 1 of the CCP, the submission of the request for arbitration establishes lis pendens (i.e. constitutes the formal commencement of the proceedings). The hearing must take place within two months of receipt of the request for arbitration (Art. 203 of the CCP); there is no further correspondence (see Art. 202 para. 4 of the CCP). The hearing shall not be public (Art. 203 para. 3 of the CCP). The arbitration authority may request documents and carry out an inspection. If the parties agree, further negotiations may be held; the proceedings must be concluded by 12 months at the latest (Art. 203 para. 2 and 4 of the CCP).