Tina Wüstemann, Roman HuberFrom: Arbitration of Trust Disputes: Issues in National and International Law
Edited By: SI Strong, Tony Molloy (Consultant Editor)
This chapter argues that Switzerland’s importance as centre for trust services as well as its longstanding tradition in international arbitration make it a perfect venue for trust arbitration, particularly in light of the scarcely developed arbitration law and practice in several offshore trust jurisdictions. Against this background, it examines whether trust disputes can be arbitrated in Switzerland, with a particular focus on the recognition of arbitration clauses in trust deeds. While Switzerland does not provide for the institution of trusts in its substantive law, it has ratified the Hague Trust Convention with took effect from 1 July 2007 and has enacted new conflict of law provisions, in particular Articles 149a to 149e of the Private International Law Statute (PILS), which operate so as to allow the full ‘implantation’ (or incorporation) of foreign trusts into Swiss law.