Overview

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.

Full Product Details

Author:   S.I. Strong (Manley O Hudson Professor of Law, Manley O Hudson Professor of Law, University of Missouri) ,  Tony Molloy (Barrister, Barrister, Shortland Chambers)
Publisher:   Oxford University Press
Imprint:   Oxford University Press
Dimensions:   Width: 17.60cm , Height: 3.80cm , Length: 24.70cm
Weight:   0.001kg
ISBN:  

9780198759829

ISBN 10:   0198759827
Pages:   620
Publication Date:   29 September 2016
Audience:   College/higher education ,  Professional and scholarly ,  Tertiary & Higher Education ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   To order  
Stock availability from the supplier is unknown. We will order it for you and ship this item to you once it is received by us.

Table of Contents

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 Wüstemann 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?

Reviews

The chapters are all of impeccable quality. They have all been authored with diligence and rigor and throughout one senses not only a high degree of scholarship, but also of accumulated professional awareness and prestige. The book is a fascinating and wholly informative read from start to end for anyone with a practical or academic query on any matter of trust arbitration. I suspect this will be the definitive work on trust arbitration for some time. Ilias Bantekas, Brunel University London and Director University of London LLB Program in Athens (in Transnational Dispute Management)

The chapters are all of impeccable quality. They have all been authored with diligence and rigor and throughout one senses not only a high degree of scholarship, but also of accumulated professional awareness and prestige. The book is a fascinating and wholly informative read from start to end for anyone with a practical or academic query on any matter of trust arbitration. I suspect this will be the definitive work on trust arbitration for some time. * Ilias Bantekas, Brunel University London and Director University of London LLB Program in Athens (in Transnational Dispute Management) * This book is the first of its kind to provide extensive coverage of the latest developments in trust arbitrations in a variety of jurisdictions ... The book helps to understand the specificity of trust disputes and sheds new light on issues which for a long time have hindered the expansion of arbitration into the field of trusts. * Elena Lapina, ASA Bulletin. * This book provides an important and welcome addition to the developing body of literature on the resolution of trust disputes. The potential advantages and possible difficulties of arbitration are clearly identified, as are recommended routes forward for consideration by legislators and practitioners to widen further the appeal and scope for arbitrating trust disputes. The perception of arbitration as an effective solution for trust disputes is ably enhanced by this publication. * Peter Pexton, Trust Quarterly Review. *

Author Information

Professor S.I. 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, Auckland, and an Associate Member, Ten Old Square Chambers, Lincoln's Inn, and an Honorary Member of the Chancery Bar Association. He is author of several textbooks on tax, fraud, and partnership law.

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