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Arbitration of Trust Disputes: Issues in National and International Law

Arbitration of Trust Disputes: Issues in National and International Law

Author: Tony Molloy
Publisher: Oxford University Press
ISBN: 9780198759829
Published In: October 2016
Format: Hardback
Jurisdiction: International ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

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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.

Part I: Preliminary Matters
1: SI Strong: Introduction: Global Developments in Trust Arbitration
2: Mark Kantor: The Use of Trusts in Financing Transactions: Special Issues Relating to Arbitration of Commercial Trusts

Part II: Trust Arbitration at the Institutional Level
3: E Gary Spitko: A Critique of the American Arbitration Association's Efforts to Facilitate Arbitration of Internal Trust Disputes
4: Robert W Goldman: ACTEC's Simplified Trial Resolution Option with Model Laws and Clauses
5: SI Strong: Institutional Approaches to Trust Arbitration: Comparing the AAA, ACTEC, ICC, and DIS Trust Arbitration Regimes

Part III: Trust Arbitration as a Matter of Domestic Law
6: David M English: Arbitration and the US Uniform Trust Code
7: Lee-ford Tritt: Legislative Approaches to Trust Arbitration in the United States
8: Mary F Radford: Trust Arbitration in United States Courts
9: David Horton: Donative Trusts and the US Federal Arbitration Act
10: Mark Herbert: Trust Arbitration in England and Wales: The Trust Law Committee
11: Daniel Clarry: The Removal of Trustees by Arbitration in England and Australia
12: Paul Buckle: Trust Arbitration in Guernsey
13: David Brownbill: Arbitration of Trust Disputes Under the Bahamas Trustee Act 1998
14: Anna Peccarino and Tom Lowe: Arbitration of Trust Disputes in the Cayman Islands
15: Tang Hang Wu and Paul Tan: Singapore: Trust Disputes and Arbitration
16: Tony Molloy: Trust Arbitration in New Zealand
17: Tina Wüstermann and Roman Huber: Trust Arbitration in Switzerland
18: Johannes Gasser and René Saurer: Trust Arbitration in Liechtenstein and Austria

Part IV: Trust Arbitration as a Matter of International Law
19: Georg von Segesser: Arbitrating Trust Disputes: Effect of the Hague Convention on the Law Applicable to Trusts and Their Recognition
20: Margaret Moses: International Enforcement of an Arbitration Provision in a Trust: Questions Involving the New York Convention
21: Sarah Ganz: Enforcement of Foreign Arbitral Awards Arising from an Internal Trust Arbitration: Issues Under the New York Convention

Part V: Concluding Thoughts
22: SI Strong: The Future of Trust Arbitration: Quo Vadis?