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III Trust Arbitration as a Matter of National Law, 10 Trust Arbitration in England and Wales: The Trust Law Committee

Mark Herbert

From: Arbitration of Trust Disputes: Issues in National and International Law

Edited By: SI Strong, Tony Molloy (Consultant Editor)

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 28 May 2023

Arbitrability — Arbitral agreements — Arbitral tribunals — Arbitrators

This chapter examines the strategy being adopted in England and Wales to enable the arbitration of trust disputes to be introduced, and the steps that have already been taken in that direction. One particular obstacle to progress in Britain is Article 6.1 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, which requires that everyone’s civil rights and obligations be determined by way of a public hearing, whereas arbitrations are traditionally confidential and heard in private. The chapter asks whether legislation is truly necessary in order to achieve trust arbitration, and this leads to a longer exploration of Article 6.1 and its importance in the context of trust arbitration. It concludes with a final rhetorical question: is the required legislation achievable in a manner compatible with Article 6.1?

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