Facts
On 21 September 2011, [X.] filed a lawsuit against [Y. AG] with the Commercial Court of the Canton of Aargau. At the instructional hearing on 4 September 2012, the parties concluded a court settlement. By discontinuance order dated 10 September 2012, the Commercial Court discontinued the proceedings as settled by agreement, reproduced the wording of the settlement, imposed the court costs of CHF 3,000.-- on the parties in equal shares, and offset the party costs.
[X.] appealed against the discontinuance order of the Commercial Court. He claimed that the manner and conduct of the instructional hearing had violated his rights and ultimately led to a settlement that he had neither wanted nor intended.
Considerations
The FSCA did not enter into the appeal. It stated that the discontinuance order as such was not a suitable object of appeal under the FSCA. Only the cost decision contained therein would have been appealable, which the appellant did not claim.
Rather, the appellant's complaints…