Arbitration of Trust Disputes

Issues in National and International Law

; S.I. Strong (Redaktør)

«This book provides an important and welcome addition to the developing body of literature on the resolution of trust disputes. The potential advantages and possible difficulties of arbitration are clearly identified, as are recommended routes forward for consideration by legislators and practitioners to widen further the appeal and scope for arbitrating trust disputes. The perception of arbitration as an effective solution for trust disputes is ably enhanced by this publication.»

Peter Pexton, Trust Quarterly Review.
In recent years, numerous jurisdictions have seen a significant shift in thinking about whether and to what extent matters involving the inner workings of a trust - so-called 'internal' trust disputes between settlors, trustees, and beneficiaries - are amenable to arbitration. Les mer
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Om boka

In recent years, numerous jurisdictions have seen a significant shift in thinking about whether and to what extent matters involving the inner workings of a trust - so-called 'internal' trust disputes between settlors, trustees, and beneficiaries - are amenable to arbitration. Not only are parties expressing an increased desire to minimize the cost and delay of hostile trust litigation, but courts and legislatures from around the world have begun to demonstrate an
increased willingness to allow these sorts of disputes to go to arbitration. Indeed, legislation allowing internal trust arbitration now exists in a number of jurisdictions, while courts in other countries have begun to allow mandatory arbitration of these types of disputes even in the absence of
subject-specific statutes.

This book discusses recent and anticipated developments concerning trust arbitration in a variety of domestic and cross-border settings. In so doing, the text not only provides necessary information about the special nature of national and international trust arbitration, it also bridges the gap between trust law and arbitration law by bringing together authors with expertise in both fields. Furthermore, this book is the first to provide detailed and critical analysis of various institutional
initiatives in the area of trust arbitration (including measures proposed by the American Arbitration Association, the American College of Trust and Estate Counsel, the English Trust Law Committee, and the International Chamber of Commerce) and to offer in-depth coverage of various national,
international, and comparative issues, including the applicability of the New York Convention and the Hague Trust Convention to internal trust arbitration. As a result, this book is a must-have for specialists in both trust law and arbitration law.

Fakta

Anmeldelser

«This book provides an important and welcome addition to the developing body of literature on the resolution of trust disputes. The potential advantages and possible difficulties of arbitration are clearly identified, as are recommended routes forward for consideration by legislators and practitioners to widen further the appeal and scope for arbitrating trust disputes. The perception of arbitration as an effective solution for trust disputes is ably enhanced by this publication.»

Peter Pexton, Trust Quarterly Review.

«The chapters are all of impeccable quality. They have all been authored with diligence and rigor and throughout one senses not only a high degree of scholarship, but also of accumulated professional awareness and prestige. The book is a fascinating and wholly informative read from start to end for anyone with a practical or academic query on any matter of trust arbitration. I suspect this will be the definitive work on trust arbitration for some time.»

Ilias Bantekas, Brunel University London and Director University of London LLB Program in Athens (in

«This book is the first of its kind to provide extensive coverage of the latest developments in trust arbitrations in a variety of jurisdictions ... The book helps to understand the specificity of trust disputes and sheds new light on issues which for a long time have hindered the expansion of arbitration into the field of trusts.»

Elena Lapina, ASA Bulletin.

Innholdsfortegnelse

PART I: PRELIMINARY MATTERS; PART II: TRUST ARBITRATION AT THE INSTITUTIONAL LEVEL; PART III: TRUST ARBITRATION AS A MATTER OF DOMESTIC LAW; PART IV: TRUST ARBITRATION AS A MATTER OF INTERNATIONAL LAW; PART V: CONCLUDING THOUGHTS

Om forfatteren

Professor S.I. Strong is the Manley O Hudson Professor of Law at the University of Missouri, where she specializes in international dispute resolution and comparative law, with a particular emphasis on international arbitration, trust law, and large-scale (class and collective) suits.

Tony Molloy QC is formerly of Shortland Chambers, Auckland, and an Associate Member, Ten Old Square Chambers, Lincoln's Inn, and an Honorary Member of the Chancery Bar Association. He is author of several textbooks on tax, fraud, and partnership law.