ADR and Trusts

ADR and Trusts
Author: Grant Jones
Publisher: Spiramus Press Ltd
Total Pages: 414
Release: 2015-01-05
Genre: Law
ISBN: 1907444580

Settling trust disputes without litigation can save all parties legal costs and maintain confidentiality (reducing the risk of unwelcome publicity). ADR and Trusts has been written to help professional advisers who want to help their clients to avoid litigation. It is a development from the authors’ accredited mediation training course for the Society of Trust and Estate Practitioners (STEP). Part A introduces the reader to the different forms of dispute resolution, and examines the differences between arbitration and mediation of trust and fiduciary disputes. The mediation process is explained, including: the role of professional advisors, and the tools and techniques for mediation. The authors examine ways of avoiding disputes, cross-border aspects of Alternative Dispute Resolution (ADR), the psychological factors affecting mediation, the mediator’s powers to mediate and settle disputes, and ethical issues in Trust ADR. Islamic and Sharia Trust ADR is also considered, with close study of the developing approaches in Canada and the UK. Part B examines 27 jurisdictions and how trust law and ADR operates in each of them. The jurisdictions covered are: Australia, Bahamas, Barbados, The British Virgin Islands, Canada, Cyprus, England and Wales, Florida, France, Gibraltar, Guernsey, Hong Kong, India, Ireland, Isle of Man, Israel, Italy, Jersey, Liechtenstein, Malaysia, Mauritius, New Zealand, Panama, Scotland, Singapore, Switzerland, and the United Arab Emirates. Each profile addresses: arbitration law and practice, trust law, the mandatory requirements for mediation and the enforcement of ADR awards. Mediators, arbitrators, trust and estate planning practitioners, trust managers and anyone involved in trust disputes should all benefit from reading this book.

International Trust Disputes

International Trust Disputes
Author: Sara Collins
Publisher: OUP Oxford
Total Pages: 900
Release: 2012-01-19
Genre: Law
ISBN: 0191628921

The number of disputes involving trusts has risen significantly in recent years. Many disputes take place in the international environment and cross-border jurisdictional issues may arise. These disputes often involve large sums of money, impacting significantly on family relations. The handling of such disputes requires specialist skills and knowledge, including an understanding of how and why private trusts are established and administered and the problems that can arise; an awareness of the cross-jurisdictional issues that may be relevant; and the ability to identify practical legal solutions to the dispute that are compliant with trust principles. International Trust Disputes provides a comprehensive and thorough treatment of this topic. Acting as a specialist guide for practitioners, it offers a survey of the special considerations that may arise with regard to trust disputes as well as a definitive guide to the issues which may be encountered in the jurisdictions where disputes are most likely to take place.

ADR in the Workplace

ADR in the Workplace
Author: Laura J. Cooper
Publisher: West Academic Publishing
Total Pages: 984
Release: 2005
Genre: Business & Economics
ISBN:

Arbitration, mediation, and other forms of alternative dispute resolution now have largely replaced litigation as the means of resolving all kinds of employment disputes in a variety of workplaces. These dispute resolution processes fundamentally alter the advocate s role and even the definition of employee legal rights. Disputes involving unionized workers have been resolved in arbitration for more than fifty years, but increasingly the process is being adapted to address the statutory and common law rights of nonunion employees. Issues such as employment discrimination that earlier would have been litigated are often now resolved in mediation. This textbook uses essays, arbitration awards, and court decisions to bring to the classroom the reality of contemporary workplace decision-making. It comprehensively addresses the substance and procedure for arbitration, mediation, and other dispute resolution mechanisms. The employment arbitration materials, in particular,

Arbitration of Trust Disputes

Arbitration of Trust Disputes
Author: S.I Strong
Publisher:
Total Pages: 0
Release: 2012
Genre:
ISBN:

Once considered nothing more than “mere” estate planning devices, trusts play a large and growing role in the international economy, holding trillions of dollars of assets and generating billions of dollars of income each year. However, the rising popularity of both commercial and non-commercial trusts has led to an explosion in hostile trust litigation, leading settlors and trustees to search for new and less expensive ways to resolve trust-related disputes. One possible solution involves use of a mandatory arbitration provision in the trust itself. However, the unique, multiparty nature of trust disputes often makes this sort of arbitration highly controversial. Several U.S. states have taken diametrically opposed positions on mandatory trust arbitration, although the vast majority of jurisdictions have not yet addressed this matter. This Article considers the various issues that arise when two separate bodies of law - trust law and arbitration law - collide, using recent developments in the field of international commercial arbitration to address some of the more intransigent problems facing trust arbitration. The Article focuses on five areas of concern: the potential for impermissible ouster of the courts, the operability and effectiveness of the arbitration provision, the extent to which the arbitration provision is binding on the party against whom arbitration is asserted, proper representation of parties and arbitrability. In so doing, this Article introduces a number of new judicial decisions not previously considered in the scholarly literature and brings using a uniquely comparative and international perspective to the debate regarding the jurisprudential propriety of mandatory trust arbitration.

Donative Trusts and the United States Federal Arbitration Act

Donative Trusts and the United States Federal Arbitration Act
Author: David Horton
Publisher:
Total Pages: 25
Release: 2016
Genre:
ISBN:

In the United States, every reported case grappling with the validity of an arbitration clause in a donative trust shares the assumption that state law governs. The same is true of the vast majority of scholarship on the topic. Conversely, this chapter in Arbitration of Internal Trust Disputes: Issues in National and International Law (Oxford University Press, forthcoming 2016) argues that the Federal Arbitration Act (FAA) applies to some trust arbitration provisions. It then explores the consequences that flow from this conclusion.

Arbitration of Trust Disputes

Arbitration of Trust Disputes
Author: Clover Alcolea, Lucas
Publisher: Edward Elgar Publishing
Total Pages: 320
Release: 2022-05-06
Genre: Law
ISBN: 1802201327

There is a dire need for a comprehensive pedagogical resource both on diverse approaches to teaching sports economics and the use of sports to teach broader principles of economic concepts. This book does exactly that. The contributions from leading scholars and teachers in both fields will help all instructors looking to raise their teaching game.

Trust Arbitration Clauses

Trust Arbitration Clauses
Author: Matthew Conaglen
Publisher:
Total Pages: 0
Release: 2015
Genre:
ISBN:

This working paper is a draft of a chapter for a book concerning Trusts and Wealth Management. It addresses the enforceability of clauses contained in trusts which purport to require that internal trust disputes be arbitrated rather than being dealt with through normal litigation channels. It addresses the arbitrability of internal trust disputes, as well as the legal arguments which might be relied on as justifying giving effect to such clauses. The draft chapter expands upon and develops research themes that were identified in my article, “The Enforceability of Arbitration Clauses in Trusts” [2015] CLJ (Forthcoming).

Regulating Dispute Resolution

Regulating Dispute Resolution
Author: Felix Steffek
Publisher: A&C Black
Total Pages: 485
Release: 2014-07-18
Genre: Law
ISBN: 1782253580

This book proposes a principled approach to the regulation of dispute resolution. It covers dispute resolution mechanisms in all their varieties, including negotiation, mediation, conciliation, expert opinion, mini-trial, ombud procedures, arbitration and court adjudication. The authors present a transnational Guide for Regulating Dispute Resolution (GRDR). The regulatory principles contained in this Guide are based on a functional taxonomy of dispute resolution mechanisms, an open normative framework and a modular structure of regulatory topics. The Guide for Regulating Dispute Resolution is formulated and commented upon in a concise manner to assist legislators, policy-makers, professional associations, practitioners and academics in thinking about which solutions best suit local and regional circumstances. The aim of this book is to contribute to the understanding and development of the legal framework governing national and international dispute resolution. Theory, empirical research and regulatory models have been taken from the wealth of experience in 12 jurisdictions: Austria, Belgium, Denmark, England and Wales, France, Germany, Italy, Japan, the Netherlands, Norway, Switzerland and the United States of America. Experts with a background in academia, practice and law-making describe and analyse the regulatory framework and social reality of dispute resolution in these countries. On this basis the authors draw conclusions about policy choices, regulatory strategies and the practice of conflict resolution. This title is included in Bloomsbury Professional's International Arbitration online service.

Global Developments in Trust Arbitration

Global Developments in Trust Arbitration
Author: S.I Strong
Publisher:
Total Pages: 0
Release: 2016
Genre:
ISBN:

Over the last few decades, arbitration has become increasingly popular in a wide variety of contexts and jurisdictions. However, up until recently, one field - trust law - has stood apart and resisted the pull toward arbitration. Over the last few years, this tradition has begun to change. Indeed, an increasing number of jurisdictions have begun to embrace the arbitration of internal trust disputes, meaning disputes involving trustees and beneficiaries and relating to the inner workings of the trust. Although trust arbitration has received support from numerous courts, legislatures and commentators, the procedure is still in its infancy, and numerous questions exist about the use, scope and validity of arbitration provisions found in trusts. This chapter describes the key issues in the area of trust arbitration as a matter of both national and international law and introduces the work of other contributors to a new volume of collected essays on trust arbitration. Both the chapter and the book in which it is found consider trust arbitration from both a trust law and arbitration law perspective, which is critical to a proper understanding of the issues at stake. The chapter and the book also discuss trust arbitration as a matter of domestic and international law, thereby recognizing the differences in national approaches to trust arbitration while also respecting the importance of offshore jurisdictions in trust law and practice. Trust arbitration is a new and exciting area of law, practice and scholarship, and one that will be growing rapidly in the coming years. This chapter provides an important introduction to the comparative, international and interdisciplinary issues that arise when settlors seek to require arbitration of trust-related disputes through inclusion of an arbitration provision in a trust.