01Nov 18

Trusts and Arbitration

Zurich, Switzerland, • English

The ICC Commission on Arbitration and ADR, ICC Switzerland and its Commission on Arbitration and ADR, are jointly co-organizing a seminar on “Trust and Arbitration”, on the occasion of the launch of the new 2018 ICC Clause on Trust and Arbitration.

Description

Trusts have gained wide international recognition (in particular, since the ratification of the Hague Trust Convention). The adjudication of trust disputes has traditionally been the exclusive preserve of national courts, typically in common law jurisdictions historically associated with trusts.

There has been a rise in high value, complex cross-border trust disputes during the last years and the potential for the use of arbitration to adjudicate trust disputes is significant. Legislation in multiple jurisdictions around the world, including in particular the typical offshore trust jurisdictions, has been implemented establishing respective frameworks for the arbitration of trust disputes. Switzerland is currently adapting its arbitration law in particular to better accommodate trust disputes and exploring options for a Swiss substantive trust legislation.

 

In 2008, the ICC Commission on Arbitration and ADR created a Task Force on Trust and Arbitration and provided users with an ICC Arbitration Clause for Trust Disputes. Revisions to the ICC Arbitration Rules in 2012 and 2017, as well as other developments in the intervening period, warranted an update of its work. The newly convened Task Force produced a recently approved 2018 ICC Arbitration Clause for Trust Disputes with its Accompanying Explanatory Note setting out a mechanism for the arbitration of trust disputes

Programme

13:30-13:45Registration
13:45-14:00Welcome

Urs Weber-Stecher

14:00-14:20Introduction

Tina Wüstemann

14:20-15:20Findings of the ICC Task Force on Trust and Arbitration

Hussein Haeri

15:20-15:50Networking Break
15:50-16:20Economic Aspects in Switzerland

Alexander van Heeren

16:20-16:50Regulative activities in Switzerland

Presentation of the Revision of art. 12 on Private International Law and particularly the article on trusts

Philippe Weber

16:50-17:00Closing Remarks

Thomas Pletscher

17:00Cocktail Reception

Speakers

Hussein HaeriPartner, Member of the ICC Task Force on Trust and Arbitration, Co-Head of International Arbitration, Withers LLP, London
Alexander van HeerenSwiss Funds and Assessment Association
Thomas PletscherSecretary General, ICC Switzerland
Philippe WeberSwiss Federal Office of Justice
Urs Weber-StecherPresident ICC Swiss Commission of Arbitration and ADR, Partner Wenger Vieli
Tina WüstemannCo-Chair ICC Task-Force on Arbitration and Trusts, Partner Bär & Karrer, Zurich

Logistical notes

Venue

Bär & Karrer Ltd.

Brandschenkestrasse 90

CH-8027 Zurich

Switzerland

Registration

Please contact ICC Switzerland at info@icc-switzerland.ch or +41 44 421 34 50 to receive the registration form and the bank transfer details.

For further information, please contact

  • ICC Switzerland
  • +41 44 421 34 50
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