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Section 1034

Composition of the arbitral tribunal

(1) The parties are free to agree on the number of arbitrators. Absent such agreement, the number of arbitrators is three.

(2) If the arbitration agreement grants preponderant rights to one party with regard to the composition of the arbitral tribunal, thus placing the other party at a disadvantage, the latter party may request that the court appoint the arbitrator or arbitrators in derogation from the appointment or appointments already made or in derogation from the appointment procedure agreed. The application is to be made no later than the expiry of two weeks after the party has become aware of the composition of the arbitral tribunal. Section 1032 (3) applies accordingly.

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