Trust Arbitration Clauses
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| 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.
| 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).
| 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.
| 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.
| 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.
| 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.
| Author | : Stacie Strong |
| Publisher | : Oxford International Arbitrati |
| Total Pages | : 0 |
| Release | : 2016 |
| Genre | : Law |
| ISBN | : 9780198759829 |
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.
| Author | : Lee-ford Tritt |
| Publisher | : |
| Total Pages | : 33 |
| Release | : 2016 |
| Genre | : |
| ISBN | : |
In the United States, the treatment of mandatory arbitration provisions in trust agreements remains murky. This uncertainty may discourage estate planners from suggesting arbitration, even in cases where it would effectuate the settlor's goals. A number of US state legislatures have already reformed their trust codes to make this area of law more predictable. Although it is impossible to predict the future, it seems likely that other US states will adopt similar provisions in the coming years and may thereby improve the way in which arbitration is used to resolve internal trust disputes. Therefore, this chapter explores the variety, validity, and viability of various legislative attempts to resolve the uncertainty surrounding mandatory arbitration of internal trust disputes. In so doing, the chapter provides a descriptive and normative analysis of various state legislative approaches regarding arbitration of trust disputes and critiques these efforts so as to help legislators going forward.
| Author | : Mohammed Aslam |
| Publisher | : |
| Total Pages | : 0 |
| Release | : 2013 |
| Genre | : |
| ISBN | : |
In its pro-consumer stance the EU has reaffirmed its commitment to ban pre-dispute arbitration clauses in its new Proposals for a Directive on ADR, and a Regulation on a Common European Sales Law. This course of direction has begun despite the fact that cross border B-2-C e-commerce sales are below expectations. The EU does not need reminding building trust in e-commerce is essential. However, trust construction needs to be re-examined from the perspective of ODR if a genuine concern exists to build the right form of trust. This article adopts a inter-disciplinary approach to re-assess the legitimacy of pre-dispute arbitration clauses in the e-B-2-C low-value/high-volume Clip-Wrap context. What is proposed is to view them from an interest-based system trust approach. Under this reframing they are regarded as strategic “imperative cogs”, which are essential in building system trust. These need to work with crowdsourced consumer-centric business models to produce sustainable system trust and predictability via perceived fairness.
| Author | : S.I Strong |
| Publisher | : |
| Total Pages | : 0 |
| Release | : 2016 |
| Genre | : |
| ISBN | : |
Arbitration of internal trust disputes (meaning disputes involving trustees and beneficiaries and relating to the inner workings of the trust) has become increasingly common in recent years, both as a result of legislation and decisions of national courts. A number of arbitral institutions have also adopted provisions tailored to the arbitration of these types of disputes. However, these rules have not often by discussed by experts in trust or arbitration law. This chapter considers several specialized rule sets that can be used in matters involving internal trust disputes and compares the relative benefits of the different mechanisms. Two regimes - one sponsored by the American Arbitration Association (AAA) and one created by the International Chamber of Commerce (ICC) - are already in place. Another approach has been proposed by the American College of Trust and Estate Counsel (ACTEC), although it has not yet been adopted by any arbitral institution or legislature. The final mechanism has been adopted by the German Arbitral Institution (DIS), but technically refers to internal shareholder (corporate) disputes. However, the DIS Supplementary Rules for Corporate Law Disputes provide some interesting insights into trust arbitration and are therefore discussed herein. This chapter is part of a larger collection of essays discussing arbitration as a matter of both national and international law. 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 is expected to expand rapidly in the coming years. This chapter provides an important introduction to the comparative, international and interdisciplinary issues that arise when institutions seek to support settlors who require arbitration of trust-related disputes thorough inclusion of an arbitration provision in a trust.
