In Switzerland, the basis for assistance by the state judge in

international arbitration procedures having their seat in Switzerland is

art. 183 of the Private International Law Act (PILA).1 Under the title

“interim and conservatory measures”, art. 183 PILA provides that (i)

unless the parties have agreed otherwise, the arbitral tribunal may order

interim or protective measures at the request of one party; (ii) If the party

concerned does not comply voluntarily, the arbitral tribunal may request

the assistance of the state judge who shall apply his own law; (iii) The

arbitral tribunal or the state judge may make the ordering of interim or

protective measures subject to the provision of appropriate security.

Over the years, the Swiss Federal Tribunal has rendered a rich body

of case law (“Bundesgerichtsentscheide”, [Swiss] Federal Tribunal

Decision, or DFT, which are binding to Swiss state courts) answering

many open questions relating to art. 183 PILA. Other questions,

however, remain open and are being controversially discussed.

Under the PILA, although this does not resort directly from the test

of art. 183 PILA, it is a commonly accepted principle that either the

arbitral tribunal to which the case was submitted or, alternatively, the

state courts, can order interim measures.2 Article 26(3) Swiss Rules of

International Arbitration also embodies this principle. Having recourse to