Hardback
Arbitration of Trust Disputes
As the arbitration of internal trust disputes has attracted significant attention amongst the arbitration and trust law communities in recent years, Arbitration of Trust Disputes provides a timely and comprehensive examination of the ways of overcoming challenges associated with trust arbitration, including human rights and natural justice issues. Including commentary on existing trust arbitration statutes, including the ECHR and the Hague Trust Convention, it draws comparisons between trust and arbitration law in multiple commonwealth jurisdictions to determine how trust arbitration could work in each system, while providing guidance for the drafting of trust arbitration clauses.
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Critical Acclaim
Contents
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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:
• 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.
Key Features:
• 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.
Critical Acclaim
‘Arbitration of Trust Disputes is invaluable both as a theoretical and as a practical contribution to the literature on arbitration law. It provides a thoroughly modern and insightful discussion of what has always been considered a difficult and recherché subject. With well-researched references to case law, legislation and practices
from across the common-law world, this book is of international relevance to legal commentators and practitioners alike.’
– Teresa Rosen Peacocke, Step - Society of Trust and Estate Practitioners
‘A bold piece of scholarship on a topic of unusual complexity and great practical interest. Lucas Clover Alcolea ticks all the boxes with an engaging, thoroughly-researched, exhaustive study of the many facets of trust disputes. The privacy of the arbitral process has long been attractive to the universe of trusts and this excellent work examines every angle, from the arbitrability of trust disputes to the representation of minor, unborn or unknown beneficiaries, capping off with a helpful review of critical drafting issues in drawing up a trust arbitration clause.’
– Sophie Nappert, Arbitrator, Gray''s Inn, UK and Co-Chair, ICC Task Force on Trusts and Arbitration
‘Arbitration of Trust Disputes is a very useful and clearly written addition to the international literature on arbitration law. Trusts pose unique challenges for arbitration. They are a creature of equity and the courts jealously guard their supervision of trusts for the benefit of the beneficiaries. This book addresses in depth the key issues of arbitrability of trust disputes and the ability of arbitration clauses to bind all affected parties, as well as associated process issues. By drawing on case law and legislation from across the world, this book provides invaluable insights of international relevance and significance.’
– Nicola Peart, Emerita Professor of Law, University of Otago, New Zealand
‘Arbitration of Trust Disputes is a comprehensive and insightful analysis of the special issues that arise when internal trust disputes are brought to arbitration. The text not only provides both scholarly and practical guidance, it also offers both domestic and international perspectives. This book is a welcome addition to the growing literature on trust arbitration.’
– Dr. S.I. Strong, The University of Sydney, Australia
from across the common-law world, this book is of international relevance to legal commentators and practitioners alike.’
– Teresa Rosen Peacocke, Step - Society of Trust and Estate Practitioners
‘A bold piece of scholarship on a topic of unusual complexity and great practical interest. Lucas Clover Alcolea ticks all the boxes with an engaging, thoroughly-researched, exhaustive study of the many facets of trust disputes. The privacy of the arbitral process has long been attractive to the universe of trusts and this excellent work examines every angle, from the arbitrability of trust disputes to the representation of minor, unborn or unknown beneficiaries, capping off with a helpful review of critical drafting issues in drawing up a trust arbitration clause.’
– Sophie Nappert, Arbitrator, Gray''s Inn, UK and Co-Chair, ICC Task Force on Trusts and Arbitration
‘Arbitration of Trust Disputes is a very useful and clearly written addition to the international literature on arbitration law. Trusts pose unique challenges for arbitration. They are a creature of equity and the courts jealously guard their supervision of trusts for the benefit of the beneficiaries. This book addresses in depth the key issues of arbitrability of trust disputes and the ability of arbitration clauses to bind all affected parties, as well as associated process issues. By drawing on case law and legislation from across the world, this book provides invaluable insights of international relevance and significance.’
– Nicola Peart, Emerita Professor of Law, University of Otago, New Zealand
‘Arbitration of Trust Disputes is a comprehensive and insightful analysis of the special issues that arise when internal trust disputes are brought to arbitration. The text not only provides both scholarly and practical guidance, it also offers both domestic and international perspectives. This book is a welcome addition to the growing literature on trust arbitration.’
– Dr. S.I. Strong, The University of Sydney, Australia
Contents
Contents: 1. Introduction to the Arbitration Of Trust Disputes 2. (In-)arbitrability 3. Binding parties to trust arbitration clauses 4. Trust arbitration and due process: The ECHR and common law principles of natural justice 5. Representation of beneficiaries in arbitral proceedings 6. Conflicts of laws issues and The Hague Trust Convention 7. Existing statutory frameworks for trust arbitration 8. Enforceability of trust arbitration awards under the New York Convention and commonwealth law 9. Issues to consider when drafting a trust arbitration clause Bibliography Index
