III Trust Arbitration as a Matter of National Law, 11 The Removal of Trustees by Arbitration: Australia and England

Subject(s):

Arbitrability — Arbitral agreements — Arbitral tribunals — Arbitrators

This chapter analyzes the supervisory function of the court in trust litigation and describes the extent to which that role can be fulfilled by arbitrators. It uses the Rinehart case as an example, in which a family feud over a trust holding assets valued at upwards of AU$9 billion generated a dispute regarding the removal of Gina Rinehart as trustee in which issues arose as to the applicability and validity of an alternative dispute resolution (ADR) clause. It argues that disputes concerning the removal of trustees can be submitted to arbitration whilst preserving the Court’s distinct supervisory jurisdictions over arbitration and trust administration as means to different ends. Whilst a supervisory jurisdiction is attached to arbitration, thereby facilitating the enforcement of arbitral awards, a distinct supervisory jurisdiction over trust administration is preserved that facilitates the ongoing performance of the trust above and beyond arbitration.