As the arbitration of internal trust disputes has attracted significant attention amongst the arbitration and trust law communities in recent years, this book provides a timely and comprehensive examination of the ways of overcoming challenges associated with trust arbitration. Rebutting arguments made against the enforceability of trust arbitration clauses, it highlights key traps for the unwary when drafting such clauses, and thereby provides readers with the necessary knowledge to enter by the narrow gate of trust arbitration, rather than by the broad gate of trust litigation.
Key features include:
- Guidance for the drafting of trust arbitration clauses
- In-depth analysis of the European Convention on Human Rights (ECHR) and natural justice issues posed by trust arbitration
- Comparisons between several commonwealth jurisdictions to determine how trust arbitration could work in each system
- Analysis and commentary on multiple common law trust arbitration statutes, as well as relevant international treaties, including the Hague Trust Convention and the New York Convention
Arbitrators, private client lawyers, trust professionals and scholars will greatly benefit from the detailed analysis and commentary in this book. Accessible in style, it will also prove invaluable to students of arbitration or trust law.
