Arbitration is becoming an increasingly attractive option for resolving private-wealth disputes in Switzerland, particularly those involving trusts, estates, and foundations. This trend is supported by Swiss law, which recognizes the validity of arbitration clauses in unilateral legal instruments such as trust deeds, foundation statutes, and wills. However, private-wealth matters present unique challenges that set them apart from typical commercial cases.

To address these specific needs, the Swiss Arbitration Centre has introduced the Supplemental Swiss Rules for Trust, Estate and Foundation Disputes (TEF Rules), which will take effect on July 1, 2025. These new rules are designed to tailor arbitration proceedings to the complexities of private-wealth disputes, providing clear guidance on issues such as notification, information rights, representation of affected parties, tribunal constitution, and applicable substantive law in estate matters. The TEF Rules and an accompanying Explanatory Note will be available in English, German, French, and Italian.

The Swiss Arbitration Centre has just published the TEF Rules which can be found here: Supplemental-Swiss-Rules-for-TEF-Rules_FINAL.pdf

The TEF Rules have been developed with input from leading practitioners and specialists in private-wealth disputes, ensuring they meet the practical needs of parties involved in these sensitive and often complex cases. By offering a confidential, efficient, and expert-driven framework, the TEF Rules are expected to enhance the appeal of arbitration for resolving trust, estate, and foundation disputes, both in Switzerland and internationally.