¹⁾ Translator's note: The appeal of public law (recours de droit public, staatsrechtliche Beschwerde, ricorso di diritto publico) gives a party the possibility to challenge cantonal (state) decisions on various constitutional grounds and/or because a “Concordat” (Konkordat, Concordato) was violated by a State Court. A Swiss “Concordat” is similar to a Uniform Act in the United States : it means that the same law applies in several states even though there is no Federal law applicable in a particular field. Under Swiss law, procedural matters fall within the legislative competence of the cantons.

²⁾ Translator's note: The statute organizing the Federal Courts (loi federale d'organisation judiciaire ; Bundesgesetz uber die Organisation der Bundesrechtspflege ; legge federale sull'organizzazione giudiziaria) of December 16, 194 3 provides for the various possible appeals to the Swiss Supreme Court (Federal Tribunal).

³⁾ Translator's note: Pursuant to article 87 of the aforesaid statute, a state decision can be challenged if it is “arbitrary”, i.e. totally contradicting the most elementary concepts of law. Yet such a challenge may only be brought against decisions which are final or causing irretrievable damage to the appelant.

⁴⁾ Translator's note: in the Swiss System, some of the opinions of the Federal Tribunal are not published in the official Court reporter. Some may not even be published at all.

⁵⁾ Translator's note: Article 38 reads as follows:

“The action (for annulment) shall not have the effect of suspending the award. However, the judicial authority provided for in Article 3 may grant it such effect if one of the parties so requests”.