Kernrechtsfrage
Whether the conciliation commission should be recused as a body because one litigant serves as assessor in that office.
Extrahierter Entscheid
Yes. The commission's recusal request was granted because the party's ongoing professional contacts within the commission could objectively create an appearance of bias.
Extrahierte Begründung
Under Art. 47(1)(f) and 48 CPC, recusal is exceptional but required where objective circumstances may raise an appearance of prejudice. The applicant's assessor role in the very commission handling the dispute could lead to friendships or animosities and thus to an appearance of partiality in the eyes of the parties and third persons.