Facts
B.B. (Claimant; Appellant) and C.B. (Defendant; Respondent) were opposed to each other in an arbitration proceeding, in which Attorney A. acted as the sole arbitrator. On August 26, 2021, the Defendant informed the sole arbitrator that an out-of-court settlement had been reached. Thereupon, the sole arbitrator, by order dated December 22, 2021, struck the arbitration proceedings and set the procedural costs (arbitrator's fees including chancellery expenses) at a total of CHF 96,600, which he imposed on the Claimant.
The Claimant filed a civil law appeal to the Federal Supreme Court and requested that the procedural costs of the arbitration proceedings be reduced to CHF 30,000, or alternatively to a reasonable amount. The Federal Supreme Court partially upheld the appeal, set aside section 2.1 of the dismissal order of the arbitral tribunal, and set the procedural costs at a total of CHF 30,000, which it imposed on the Claimant. It also ordered the Claimant to compensate the Respondent with CHF 1,500 for the federal court proceedings.
The sole arbitrator, Attorney A., now requests a revision of the judgment of the Federal Supreme Court dated May 3, 2022 by submission dated July 13, 2022.
Considerations
The Federal Supreme Court first examines the sole arbitrator's standing to file a request for revision. It finds that according to the case law, only the parties to the previous proceedings, but not the adjudicating instance, are generally entitled to file a request for revision.
However, the Federal Supreme Court considers that an exception to this rule must be made if the Federal Supreme Court, in upholding a complaint under Art. 393 lit. f CPC, reduces the arbitrator's fee based on Art. 395 para. 4 CPC. In such a case, the arbitrator, to whom the fee is…