16 October 2025

Die neuen TES-Regeln: Chancen nutzen – Stolperfallen vermeiden

  • Articles
  • Legal
  • Inheritance / Succession
  • Litigation / Arbitration

The possibility under Swiss arbitration law to include unilateral arbitration clauses, together with the new TEF Rules of the Swiss Arbitration Centre, offers a several notable advantages. However, to fully benefit from these advantages, the specific circumstances of each individual case must always be carefully assessed.

  • Alexandra Geiger

    Legal Partner

  • Nadira Zellweger-Ferhat

    Senior Legal Associate

As of 1 July 2025, the supplemental Swiss Rules for Trust, Estate and Foundation Disputes of the Swiss Arbitration Centre (“TEF Rules”) have entered into force.

The TEF Rules implement recent amendments to Swiss law that allow the inclusion of unilateral arbitration clauses in testamentary dispositions, trust and foundation deeds – offering an expanded opportunity to structure estate and wealth planning according to individual wishes. Together, Swiss arbitration law and the TEF Rules provide a tailor-made framework for trust, estate, and foundation matters (“TEF Disputes”; see our article In Arbitration we Trust: New Supplemental Swiss Rules for Trust, Estate and Foundation Disputes (TEF Rules)).

Arbitration offers several notable advantages over state court proceedings: it is generally faster and more flexible. The parties may also agree on the confidentiality of the proceedings – an aspect particularly valuable where significant assets, persons of public interest, or complex structures such as trusts and foundations are involved.

However, to fully benefit from these advantages, several issues require careful consideration – including the jurisdiction of the arbitral tribunal, the binding effect of a unilateral arbitration clause on statutory heirs, and the arbitrability of disputes involving forced heirship claims. The determination whether forced heirship rules apply, or whether they can be avoided through the choice of a foreign succession law, is likewise a crucial element of international estate planning. If real estate is held in a foreign country where exclusive jurisdiction of local courts may apply, this must also be considered. Furthermore, in some jurisdictions, the exclusive jurisdiction of supervisory or trust courts cannot be waived in favour of arbitration, or arbitral awards in TEF Disputes may not be recognised or enforced.

In conclusion, the legal assessment always depends on the jurisdictions involved and the specific circumstances of each case. From our perspective, the following aspects form part of a comprehensive estate and succession planning strategy and should be examined in detail:

  • Validity and/or binding effect of unilateral arbitration clauses;
  • Arbitrability of succession matters, especially regarding forced heirship and supervisory law issues;
  • Jurisdiction of arbitral tribunals, in particular in connection with real estate;
  • Choice of law and possible restrictions;
  • Whether the relevant state is a is a signatory to the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (“New York Convention”), and whether a TEF Dispute would – if required – qualify as a “commercial” matter under the New York Convention.

The MME Private Client Team assists you in the fields of (international) estate planning, foundations, and trusts. Together with the MME Arbitration Team, we are available as experienced counsels in arbitration proceedings. We offer customized solutions and represent your interests competently and efficiently - for bespoke (international) estate planning and successful dispute resolution.

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