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- Preliminary Material
- Series Editor’s Preface
- Foreword
- Acknowledgements
- Table of Contents
- Table of Cases
- Table of Legislation
- Australia
- Austria
- Bahamas
- Canada
- Cayman Islands
- Denmark
- Egypt
- European Union
- France
- Germany
- Greece
- Guernsey
- Hungary
- India
- Italy
- Japan
- Jersey
- Liechtenstein
- Malta
- Mauritius
- Mexico
- Netherlands
- New Zealand
- Singapore
- Slovenia
- Spain
- Switzerland
- Syria
- United Kingdom
- United States
- Arizona
- California
- Florida
- Hawai‘i
- Missouri
- Montana
- Nebraska
- New Hampshire
- New York
- South Dakota
- Texas
- Utah
- International Conventions and Treaties
- Other International Instruments
- Arbitral Rules
- List of Abbreviations
- List of Contributors
- Main Text
- I Preliminary Matters
- 1 Introduction: Global Developments in Trust Arbitration
- 2 The Use of Trusts in Financing Transactions: Special Issues Relating to Arbitration of Commercial Trusts
- Preliminary Material
- I Introduction
- II Types of Financing Structures Involving Trusts
- III Why Lenders Prefer the New York and English Courts
- IV Arbitration as an Alternative
- 2.56
- 2.57
- One-Way Submissions to Jurisdiction
- Non-exclusive Forum Agreements in Financing Documents
- US Public Securities Offerings and Arbitration
- The Impact of Collateral Security on Exclusivity
- Speed and Delay
- Confidentiality
- The Commercial Experience of Arbitrators
- Multiple Claims and Multiple Parties: The Impact of the Consent Requirement on Trust-Related Financial Arbitrations
- V The London Arbitration Club Financial Services Expedited Arbitration
- VI Conclusion
- II Trust Arbitration at the Institutional Level
- 3 A Critique of the American Arbitration Association’s Efforts to Facilitate Arbitration of Internal Trust Disputes
- Preliminary Material
- I Introduction
- II Private and Confidential Dispute Resolution
- III Prompt and Economical Dispute Resolution
- IV Provisions of Great Relevance When a Party Seeks to Avoid Arbitration
- V Expert Decision-Making
- VI Procedures Tailored to the Specific Characteristics of Will and Trust Disputes
- VII Conclusion
- 4 ACTEC’s Simplified Trial Resolution Option with Model Laws and Clauses
- Preliminary Material
- I Introduction
- II The Underlying Premises that Fuelled ACTEC’s Task Force
- III Legal Underpinnings of Arbitration
- IV Constitutionality of Arbitrating Will and Trust Disputes
- V Litigating Over the Arbitration Clause
- VI ACTEC Model Statutes
- VII ACTEC Sample Arbitration-Related Clauses for Trusts and Wills
- VIII Conclusion
- 5 Institutional Approaches to Trust Arbitration: Comparing the AAA, ACTEC, ICC, and DIS Trust Arbitration Regimes
- Preliminary Material
- I Introduction
- II Analysing the ICC and DIS Approaches to Internal Trust Arbitration
- The ICC Model Clause
- The DIS Supplementary Rules
- III Comparing Trust Arbitration under the AAA, ACTEC, ICC, and DIS Approaches
- 5.59
- 5.60
- 5.61
- 5.62
- 5.63
- 5.64
- 5.65
- Does the Clause Impermissibly Oust the Jurisdiction of the Court?
- Is the Arbitral Clause Operable, Effective, and Capable of Being Performed?
- Is the Arbitral Clause Binding on the Party Seeking to Avoid Arbitration?
- Does the Arbitral Procedure Provide for Proper Representation of All Potential Parties?
- Is the Subject Matter Arbitrable?
- Does the Procedure Provide Parties with Sufficient Incentives to Overcome Existing Default Mechanisms?
- IV Conclusion
- 3 A Critique of the American Arbitration Association’s Efforts to Facilitate Arbitration of Internal Trust Disputes
- III Trust Arbitration as a Matter of National Law
- 6 Arbitration and the United States Uniform Trust Code
- 7 Legislative Approaches to Trust Arbitration in the United States
- 8 Trust Arbitration in the United States Courts
- 9 Donative Trusts and the United States Federal Arbitration Act
- 10 Trust Arbitration in England and Wales: The Trust Law Committee
- 11 The Removal of Trustees by Arbitration: Australia and England
- 12 Trust Arbitration in Guernsey
- 13 Arbitration of Trust Disputes Under the Bahamas Trustee Act 1998
- Preliminary Material
- I Introduction
- II Background to Sections 91A, 91B, and 91C
- III The Bahamian Solution: Sections 91A, 91B, and 91C of the Trustee Act 1998
- IV Conclusion
- 14 Arbitration of Trust Disputes in the Cayman Islands
- Preliminary Material
- I Introduction
- II Arbitration
- 14.17
- Problems with Conventional Trust Litigation
- The Current Status of Trust Arbitration Legislation in the Cayman Islands
- The Arbitration Law (2012 Revision)
- The General Advantages of Arbitration
- Obstacles to Trust Arbitration
- The Future of Arbitration of Trust Disputes in the Cayman Islands
- III Conclusion
- 15 Singapore: Trust Disputes and Arbitration
- Preliminary Material
- I Introduction
- II Arbitration of Trust Disputes in Singapore
- 15.05
- 15.06
- Is an Arbitration Clause in a Trust Deed an Arbitration Agreement?
- Is an Arbitration Clause an Ouster of the Court’s Jurisdiction?
- Is an Arbitration Clause Binding on the Beneficiaries?
- Does an Arbitration Clause Allow Proper Representation of All Interested Parties?
- Does an Arbitration Provision Provide for Subject Matter Arbitrability?
- III Conclusion
- 16 Trust Arbitration in New Zealand
- Preliminary Material
- I Introduction
- II Prospects for Change
- III The Obstacle to Change
- IV A System that is Inherently Unfair to New Zealand Litigants
- V The Potential for Trust Arbitration in New Zealand
- 16.20
- 16.21
- Limited Express Right to ‘Review’ by an Arbitrator
- No Principle Militating against Arbitrability of Trust Issues that Each Beneficiary and Each Trustee Has Agreed to Arbitrate
- The Flaw in the Contrary View
- Rinehart v Welker is Consistent with the New Zealand Arbitration Act
- The Prerequisite: An Arbitration Agreement
- Ways Forward
- The Law Commission’s Recommendations
- VI Conclusion
- 17 Trust Arbitration in Switzerland
- Preliminary Material
- I Introduction
- II Trust Disputes
- III Jurisdiction of Swiss Courts in Trust Disputes
- IV Trust Arbitration in Switzerland
- Anglo-Saxon Trusts and (Swiss) Arbitration: Alternative to Trust Litigation?
- General Conditions
- 17.18
- 17.19
- 17.20
- 17.21
- (a) The arbitration agreement in a trust context
- (b) Representation of all interested parties
- (c) Arbitrability (Article 177 of the PILS)
- Enforcement of International Trust Arbitration Awards
- V Conclusion
- 18 Trust Arbitration in Liechtenstein and Austria
- Preliminary Material
- I Introduction
- II Liechtenstein Trusts and Foundations
- III Arbitration Law in Liechtenstein
- IV Arbitration of Trust Disputes
- V Conclusion
- 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 on Their Recognition
- Preliminary Material
- I Introduction
- II The Selection of the Law Applicable to the Merits in International Arbitration
- III The Role of International Conventions for Arbitral Proceedings
- IV The Applicability of the Conflict of Laws Rules of the Hague Trust Convention in Arbitration
- V Validity and Effect of the Arbitration Agreement
- VI Choice of Law Agreements and Foreign Mandatory Rules
- VII Laws Applicable under the Hague Trust Convention
- 19.46
- 19.47
- 19.48
- 19.49
- 19.50
- 19.51
- The Choice of Law under Article 6 of the Hague Trust Convention
- The Scope of the Applicable Law
- Mandatory Laws Designated by Conflict of Laws Rules of the Forum: Article 15 of the Hague Trust Convention
- Lois d’application immédiate : Article 16 of the Hague Trust Convention
- International Public Policy: Article 18 of the Hague Trust Convention
- VIII Conclusion
- 20 International Enforcement of an Arbitration Provision in a Trust: Questions Involving the New York Convention
- Preliminary Material
- I Introduction
- II Matters That Are ‘Capable of Settlement by Arbitration’
- III The Validity of the Arbitration Clause
- IV Is the Dispute Foreign, Commercial, and Seated within a Contracting State?
- V Conclusion
- 21 Enforcement of Foreign Arbitral Awards Arising from an Internal Trust Arbitration: Issues Under the New York Convention
- Preliminary Material
- I Introduction
- II The Scope of the Convention: The ‘Commercial’ Reservation under Article I(3)
- III Article V(1): Invalidity, Incapacity, Notice, and Representation
- IV Article V(2): Arbitrability and Public Policy
- V Conclusion
- 19 Arbitrating Trust Disputes: Effect of the Hague Convention on the Law Applicable to Trusts and on Their Recognition
- V Concluding Thoughts
- I Preliminary Matters
- Further Material
- [18.232.31.255]
- 18.232.31.255
