I Preliminary Matters, 1 Introduction: Global Developments in Trust Arbitration

Subject(s):

Arbitrability — Arbitral agreements — Arbitral tribunals — Arbitrators — Statehood, jurisdiction of states, organs of states

This introductory chapter provides an overview of the book’s main themes. This book discusses the current state of internal trust arbitration around the world and analyzes relevant issues as a matter of both national and international law. Contributions come from specialists in both trust law and arbitration law, thereby improving the dialogue between the two disciplines and helping courts, legislatures, parties, and practitioners from around the world to appreciate whether and to what extent internal trust arbitration disputes are or can become arbitrable in their home jurisdictions. The book is organized as follows. Section I discusses several preliminary matters, including the challenges facing internal trust arbitration. Section II considers internal trust arbitration from an institutional perspective. Section III looks at internal trust arbitration from various national perspectives. Section IV turns to various questions arising under international law. Section V presents a cross-disciplinary and cross-cultural analysis that attempts to bring together the various strands of discussion and identify how internal trust arbitration is likely to develop in the coming years.