Arbitration of Trust Disputes: Issues in National and International Law

Hardcover | January 5, 2017

EditorSI Strong

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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 areparties 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 trustarbitration 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 gapbetween 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 AmericanArbitration 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 andthe 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.

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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 areparties expressing an increased desire to minim...

Professor SI 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, Auc...

other books by SI Strong

Format:HardcoverDimensions:608 pages, 9.69 × 6.73 × 0.98 inPublished:January 5, 2017Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0198759827

ISBN - 13:9780198759829

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Table of Contents

Part I: Preliminary Matters1. SI Strong: Introduction: Global Developments in Trust Arbitration2. Mark Kantor: The Use of Trusts in Financing Transactions: Special Issues Relating to Arbitration of Commercial TrustsPart II: Trust Arbitration at the Institutional Level3. E Gary Spitko: A Critique of the American Arbitration Association's Efforts to Facilitate Arbitration of Internal Trust Disputes4. Robert W Goldman: ACTEC's Simplified Trial Resolution Option with Model Laws and Clauses5. SI Strong: Institutional Approaches to Trust Arbitration: Comparing the AAA, ACTEC, ICC, and DIS Trust Arbitration RegimesPart III: Trust Arbitration as a Matter of Domestic Law6. David M English: Arbitration and the US Uniform Trust Code7. Lee-ford Tritt: Legislative Approaches to Trust Arbitration in the United States8. Mary F Radford: Trust Arbitration in United States Courts9. David Horton: Donative Trusts and the US Federal Arbitration Act10. Mark Herbert: Trust Arbitration in England and Wales: The Trust Law Committee11. Daniel Clarry: The Removal of Trustees by Arbitration in England and Australia12. Paul Buckle: Trust Arbitration in Guernsey13. David Brownbill: Arbitration of Trust Disputes Under the Bahamas Trustee Act 199814. Anna Peccarino and Tom Lowe: Arbitration of Trust Disputes in the Cayman Islands15. Tang Hang Wu and Paul Tan: Singapore: Trust Disputes and Arbitration16. Tony Molloy: Trust Arbitration in New Zealand17. Tina Wustemann and Roman Huber: Trust Arbitration in Switzerland18. Johannes Gasser and Rene Saurer: Trust Arbitration in Liechtenstein and AustriaPart IV: Trust Arbitration as a Matter of International Law19. Georg von Segesser: Arbitrating Trust Disputes: Effect of the Hague Convention on the Law Applicable to Trusts and Their Recognition20. Margaret Moses: International Enforcement of an Arbitration Provision in a Trust: Questions Involving the New York Convention21. Sarah Ganz: Enforcement of Foreign Arbitral Awards Arising from an Internal Trust Arbitration: Issues Under the New York ConventionPart V: Concluding Thoughts22. SI Strong: The Future of Trust Arbitration: Quo Vadis?