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Arbitration of Trust Disputes

ISBN13: 9781802201314
Published: May 2022
Publisher: Edward Elgar Publishing Limited
Country of Publication: UK
Format: Hardback
Price: £135.00

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As the arbitration of internal trust disputes has attracted significant attention amongst the arbitration and trust law communities in recent years, this book provides a timely and comprehensive examination of the ways of overcoming challenges associated with trust arbitration. Rebutting arguments made against the enforceability of trust arbitration clauses, it highlights key traps for the unwary when drafting such clauses, and thereby provides readers with the necessary knowledge to enter by the narrow gate of trust arbitration, rather than by the broad gate of trust litigation.

Key features include:

  • Guidance for the drafting of trust arbitration clauses Comparisons between several commonwealth jurisdictions to determine how trust arbitration could work in each system
  • Analysis and commentary on multiple common law trust arbitration statutes, as well as relevant international treaties, including the Hague Trust Convention and the New York Convention

Arbitrators, private client lawyers, trust professionals and scholars will greatly benefit from the detailed analysis and commentary in this book. Accessible in style, it will also prove invaluable to students of arbitration or trust law.

Equity and Trusts, Arbitration and Alternative Dispute Resolution
1. Introduction to the Arbitration Of Trust Disputes
2. (In-)arbitrability
3. Binding parties to trust arbitration clauses
4. Trust arbitration and due process: The ECHR and common law principles of natural justice
5. Representation of beneficiaries in arbitral proceedings
6. Conflicts of laws issues and The Hague Trust Convention
7. Existing statutory frameworks for trust arbitration
8. Enforceability of trust arbitration awards under the New York Convention and commonwealth law
9. Issues to consider when drafting a trust arbitration clause