Arbitration Clauses

Version 2 / 2018)

Arbitration Agreement (among the heirs, after the death of the deceaced)
Any dispute arising out of, or in relation to the inheritance matter … (insert decedent: first name, name, birth date, date of death, citizenship, address) shall be resolved by arbitration in accordance with the Swiss Rules of International Arbitration of the Swiss Chambers' Arbitration Institution (Swiss Rules) with the Introductory Rules of the Swiss Arbitration Association in inheritance matters (SVSiE), which is administered by Board of the SVSiE as the Court and the Secretary of the SVSiE as the Secretary. The rules in force on the date on which the Notice of Arbitration is submitted shall apply. The number of arbitrators shall be … (one or three). The seat of the arbitration shall be … (city in Switzerland). The arbitral proceedings shall be conducted in … (German, French, Italian or English).


Inheritance Contract (among the heirs, before the death of the deceaced) *

Disputes arising out of, or in relation to the previous inheritance contract of … (insert decedent: first name, name, birth date, citizenship, address) shall be resolved by arbitration in accordance with the Swiss Rules of International Arbitration of the Swiss Chambers' Arbitration Institution (Swiss Rules) with the Introductory Rules of the Swiss Association for Arbitration in Inheritance Matters (SVSiE), which is administered by Board of Directors of the SVSiE as the Court and the Secretary of the SVSiE as the Secretary. The rules in force on the date on which the Notice of Arbitration is submitted shall apply. The number of arbitrators shall be … (one or three). The seat of the arbitration shall be … (city in Switzerland). The arbitral proceedings shall be conducted in … (German, French, Italian or English).

* Only as far as inheritance contracts are legally binding in the respective countries; the SVSiE bears no responsability for the validity of arbitration clauses in inheritance contracts; in Switzerland the inheritance contract is allowed according to art. 512 et seq. Civil Code.


Last will (among the heirs, before the death of the deceaced) **

Disputes arising out of, or in relation to the previous last will of … (insert decedent: first name, name, birth date, citizenship, address) shall be resolved by arbitration in accordance with the Swiss Rules of International Arbitration of the Swiss Chambers' Arbitration Institution (Swiss Rules) with the Introductory Rules of the Swiss Association for Arbitration in Inheritance Matters (SVSiE), which is administered by Board of the SVSiE as the Court and the Secretary of the SVSiE as the Secretary. The rules in force on the date on which the Notice of Arbitration is submitted shall apply. The number of arbitrators shall be … (one or three). The seat of the arbitration shall be … (city in Switzerland). The arbitral proceedings shall be conducted in … (German, French, Italian or English).

** Only as far as unilateral testamentary arbitration clauses are legally binding in the respective countries; the SVSiE bears no responsability for the validity of unilateral testamentary arbitration clauses; in Switzerland the validity of (unilateral) testamentary arbitration clauses is currently denied according to the prevailing doctrine, the current revision of art.176-193 International Private Law Act will possibly permit unilaterial arbitration clauses in last wills in the future (see preliminary draft of art. 178 of the International Private Law Act and Art. 358 of the Swiss Civil Procedure Code).

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Deutsche Fassung der Schiedsklauseln

Version français des clauses comporomissoires

Versione italiano delle clausole d'arbitrato