With the entry into force of the Supplemental Swiss Rules for Trust, Estate and Foundation (TEF) Disputes on 1 July 2025, Switzerland further consolidates its position as a leading jurisdiction for the arbitration of private-wealth disputes. These new rules which supplement the Swiss Rules of Internal Arbitration offer a suitable framework tailored to the needs of high-net-worth families as well as trusts and foundations. By addressing the procedural and substantive complexities inherent in international trust, estate, and foundation matters, the TEF Rules are a welcomed development to increase the use of arbitration in this field.
In addition to providing model arbitration clauses, the TEF Rules contain dedicated provisions on their scope of application, the safeguard of rights and entitlements of individuals that might be affected by the arbitration and its award, including minors and unborns, the appointment of the arbitral tribunal, and the determination of the applicable law in estate arbitration.
ASA Bulletin