Condominium ownership (PPE)

Article [X] - Arbitration 1. Any dispute, difference or claim arising out of or in connection with these regulations, in particular as to their validity, interpretation, performance or breach, as well as any dispute relating to the life of the community of condominium owners, to the administration of the building or to the relations between condominium owners in that capacity, shall be finally settled by arbitration through the CONCORDA platform (www.concorda.ch), to the exclusion of the ordinary state courts. 2. The following are covered in particular: the challenge of decisions of the assembly of condominium owners (art. 75 CC applicable by analogy, art. 712m para. 2 CC), disputes relating to common charges and to the renovation fund, to the performance and financing of works on the common parts, to the use of the common parts and to special rights of use, as well as actions in liability against the administrator. The one-month time limit for challenge under art. 75 CC is reserved and must be observed before the arbitral tribunal. 3. The arbitration is conducted in accordance with the CONCORDA Arbitration Rules in force at the time proceedings are commenced, which form an integral part of this clause. The parties expressly exclude the application of Chapter 12 of the Federal Act on Private International Law (PILA), in accordance with article 176 paragraph 2 thereof, and submit the proceedings exclusively to Swiss domestic arbitration (art. 353 et seq. CPC). The arbitral tribunal is composed of a sole arbitrator. The seat of the arbitration is at Monthey. The language of the proceedings is French. The award is final and constitutes an enforceable title (art. 387 CPC), the remedies before the Federal Supreme Court remaining reserved (art. 389 et seq. CPC). 4. There remain reserved the matters which cannot be the subject of arbitration or which fall outside the scope of these regulations, in particular proceedings under the Debt Enforcement and Bankruptcy Act, acts requiring the intervention of the land register or the authentic form, in particular the creation and dissolution of condominium ownership, as well as disputes involving third parties not bound by these regulations. 5. This clause binds all the condominium owners. Each condominium owner undertakes to pass on the obligations arising from these regulations, including this clause, to any acquirer of their condominium unit, with an obligation of further transmission. The transferor informs the acquirer of the existence of this clause and provides them with a copy thereof. 6. The parties agree that, at the request of a party, the arbitral tribunal may provide in its award that the party which fails to comply within the fixed time limit shall pay the other party a penalty per period of delay, the amount of which the arbitral tribunal fixes on an equitable basis according to the circumstances, without it being able to exceed a rate of 10 % of the amount in dispute per year, calculated pro rata temporis. This penalty is due irrespective of any loss (art. 161 CO); art. 163 para. 2 and 3 CO remains reserved.