Questione giuridica chiave
Whether the parties could validly bypass the cantonal instances and bring an action directly before the Federal Court as sole instance.
Decisione estratta
No. In disputes governed by federal obligations law and falling under the Federal Court's appellate jurisdiction, the case must first be decided by the cantonal courts; only the second cantonal instance may be bypassed.
Motivazione estratta
Arts. 29 and 30 of the Federal Judiciary Act make the Federal Court an appellate authority in such matters. Art. 31(2) applies only to disputes not already assigned by law to the Federal Court. Procedural rules on the instances are mandatory public law and cannot be excluded by party agreement.