III Trust Arbitration as a Matter of National Law, 15 Singapore: Trust Disputes and Arbitration
Tang Hang Wu, Paul Tan
Edited By: SI Strong, Tony Molloy (Consultant Editor)
- Arbitrability — Arbitral agreements — Arbitral tribunals — Arbitrators
This chapter examines the question of the arbitrability of trust disputes in Singapore. In so doing, it discusses various issues which are said to present obstacles to the arbitration of trust disputes, and their applicability and relevance in the Singapore context. These are: whether an arbitration clause in a trust deed is considered to be an agreement to arbitrate; whether arbitrations are impermissible for ousting the courts’ jurisdiction; whether a clause in a trust which purports to be an arbitration agreement can bind the beneficiaries of a trust; whether arbitration can satisfy the requirement for proper representation of unascertained, unborn and legally incompetent beneficiaries; and whether trust disputes are inherently arbitrable. It shows that at least for disputes between beneficiaries and the trustee of a donative trust, there is some uncertainty whether a clause referring matters to arbitration is binding on the beneficiaries.