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III Trust Arbitration as a Matter of National Law, 16 Trust Arbitration in New Zealand

Tony Molloy

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, 2022. All Rights Reserved.date: 06 July 2022

Arbitrability — Arbitral agreements — Arbitral tribunals — Arbitrators

This chapter discusses the practical problems that arise in New Zealand as a result of the absence of any statutory authority regarding trust arbitration. The analysis includes numerous comparative references to case law and commentary from both Australia and England so as to help illuminate the issues facing New Zealand and identify potential solutions. It is argued judicial misallocation is the only real problem with New Zealand trust law. This issue is a particular worry for offshore settlors of New Zealand trusts, since they have every reason to be thinking of exporting those trusts to trustees in more enlightened jurisdictions. It is hoped that calls for the end of the current misguided regime will be heard before too many more years shall have elapsed and before too much more offshore business shall have been lost.

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