Includes bibliographical references (pages 265-277) and index.
Contents:
Introduction to the Arbitration of Trust Disputes -- Issues to consider when drafting a trust arbitration clause. Binding parties to trust arbitration clauses -- Trust arbitration and due process : the ECHR and common law principles of natural justice -- Representation of beneficiaries in arbitral proceedings -- Conflicts of laws issues and the Hague Trust Convention -- Existing statutory frameworks for trust arbitration -- Enforceability of trust arbitration awards under the New York Convention and Commonwealth law -- Issues to consider when drafting a trust arbitration clause.
Summary:
"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"-- Provided by publisher.
This resource is supported by the Institute of Museum and Library Services under the provisions of the Library Services and Technology Act as administered by State Library of Iowa.