Arbitration of Trust Disputes

Issues in National and International Law

Edited by SI Strong and Consultant Editor Tony Molloy

Oxford International Arbitration Series

The first book to provide detailed critical analysis of institutional initiatives in trust arbitration
Offers in-depth coverage of national, international, and comparative internal trust arbitration issues, such as the applicability of the New York and Hague Trust Conventions and initiatives from the AAA, ACTEC, ETLC, and ICC
Written by a leading team of authors with expertise in both trust law and arbitration law, from multiple international jurisdictions and with a wealth of practical experience

Arbitration of Trust Disputes

Issues in National and International Law

Edited by SI Strong and Consultant Editor Tony Molloy

Oxford International Arbitration Series

Description

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.

Arbitration of Trust Disputes

Issues in National and International Law

Edited by SI Strong and Consultant Editor Tony Molloy

Oxford International Arbitration Series

Part I: Preliminary Matters
1: Introduction: Global Developments in Trust Arbitration, SI Strong
2: The Use of Trusts in Financing Transactions: Special Issues Relating to Arbitration of Commercial Trusts, Mark Kantor
Part II: Trust Arbitration at the Institutional Level
3: A Critique of the American Arbitration Association's Efforts to Facilitate Arbitration of Internal Trust Disputes, E Gary Spitko
4: ACTEC's Simplified Trial Resolution Option with Model Laws and Clauses, Robert W Goldman
5: Institutional Approaches to Trust Arbitration: Comparing the AAA, ACTEC, ICC, and DIS Trust Arbitration Regimes, SI Strong
Part III: Trust Arbitration as a Matter of Domestic Law
6: Arbitration and the US Uniform Trust Code, David M English
7: Legislative Approaches to Trust Arbitration in the United States, Lee-ford Tritt
8: Trust Arbitration in United States Courts, Mary F Radford
9: Donative Trusts and the US Federal Arbitration Act, David Horton
10: Trust Arbitration in England and Wales: The Trust Law Committee, Mark Herbert
11: The Removal of Trustees by Arbitration in England and Australia, Daniel Clarry
12: Trust Arbitration in Guernsey, Paul Buckle
13: Arbitration of Trust Disputes Under the Bahamas Trustee Act 1998, David Brownbill
14: Arbitration of Trust Disputes in the Cayman Islands, Anna Peccarino and Tom Lowe
15: Singapore: Trust Disputes and Arbitration, Tang Hang Wu and Paul Tan
16: Trust Arbitration in New Zealand, Tony Molloy
17: Trust Arbitration in Switzerland, Tina Wüstemann and Roman Huber
18: Trust Arbitration in Liechtenstein and Austria, Johannes Gasser and René Saurer
Part IV: Trust Arbitration as a Matter of International Law
19: Arbitrating Trust Disputes: Effect of the Hague Convention on the Law Applicable to Trusts and Their Recognition, Georg von Segesser
20: International Enforcement of an Arbitration Provision in a Trust: Questions Involving the New York Convention, Margaret Moses
21: Enforcement of Foreign Arbitral Awards Arising from an Internal Trust Arbitration: Issues Under the New York Convention, Sarah Ganz
Part V: Concluding Thoughts
22: The Future of Trust Arbitration: Quo Vadis?, SI Strong

Arbitration of Trust Disputes

Issues in National and International Law

Edited by SI Strong and Consultant Editor Tony Molloy

Oxford International Arbitration Series

Author Information

Edited by SI Strong, Manley O Hudson Professor of Law, University of Missouri, and Consultant Editor Tony Molloy, Barrister, Shortland Chambers

Professor SI 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.

Contributors:

David Brownbill QC - XXIV Old Buildings, London
Paul Buckle - AO Hall, Guernsey
Dr Daniel Clarry - Harvard Law School
Prof David English - University of Missouri
Dr Sarah Ganz - WilmerHale, London
Dr Johannes Gasser - Gasser Partner, Liechtenstein
Robert Goldman - Goldman Felcoski & Stone, Florida
Mark Herbert QC - 5 Stone Buildings, London
Prof David Horton - University of California, Davis
Dr Roman Huber - Bär & Karrer, Zurich
Mark Kantor - Arbitrator and Mediator
Thomas Lowe QC - Wilberforce Chambers, London
Tony Molloy QC - Shortland Chambers, Auckland
Prof Margaret L Moses - Loyola University Chicago
Anna Peccarino - Travers Thorp Alberga, Grand Cayman
Prof Mary F Radford - Georgia State University
Prof E Gary Spitko - Santa Clara University
René Saurer - Gasser Partner, Liechtenstein
Prof SI Strong - University of Missouri
Paul Tan - Rajah & Tan, Singapore
Prof Lee-ford Tritt - University of Florida
Prof Tang Hang Wu - Singapore Management University
Dr Georg von Segesser - Schellenberg Wittmer, Zurich
Tina Wüstemann - Bär & Karrer, Zurich

Arbitration of Trust Disputes

Issues in National and International Law

Edited by SI Strong and Consultant Editor Tony Molloy

Oxford International Arbitration Series

Reviews and Awards

"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)