II Trust Arbitration at the Institutional Level, 3 A Critique of the American Arbitration Association’s Efforts to Facilitate Arbitration of Internal Trust Disputes

Subject(s):

Arbitrability — Arbitral agreements — Arbitral tribunals — Arbitrators — Statehood, jurisdiction of states, organs of states

This chapter evaluates the American Arbitration Association’s (AAA) June 2012 Wills and Trusts Arbitration Rules. It considers the extent to which the Rules promote the private, expeditious, cost-effective, and expert resolution of will and trust disputes. It suggests that the drafters of the Rules did not think carefully enough about the ways in which will and trust disputes and litigation differ from commercial disputes and litigation. Thus, testators, settlors, or parties to a contract for will or trust arbitration who are considering the adoption of the AAA Wills and Trusts Arbitration Rules must give careful thought to modifying the Rules to better meet the needs of the potential will or trust disputes.