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III Trust Arbitration as a Matter of National Law, 8 Trust Arbitration in the United States Courts

Mary F Radford

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 cases in the US state and federal courts in which arbitration has been used or sought to be used to resolve internal trust disputes. It begins with a discussion of situations in which all of the interested parties agree to take the dispute to arbitration (i.e. consensual arbitration). It then explores those cases in which the settlor includes a provision in the trust document that requires the parties to resolve disputes through binding arbitration. Because the beneficiaries typically do not sign the trust instrument itself, the question in these cases is the degree to which beneficiaries can be bound by this arbitration mandate. The chapter concludes with a description of four recent cases that illustrate the types of issues that parties and courts will encounter in the future as the use of arbitration in internal trust disputes becomes more prevalent

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