Arbitration of Trust Disputes: Issues in National and International Law

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S.I. Strong (Manley O Hudson Professor of Law, Manley O Hudson Professor of Law, University of Missouri) Tony Molloy (Barrister, Barrister, Shortland Chambers)

Arbitration of Trust Disputes

Issues in National and International Law

S.I. Strong (Manley O Hudson Professor of Law, Manley O Hudson Professor of Law, University of Missouri), Tony Molloy (Barrister, Barrister, Shortland Chambers)

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English

Oxford University Press
29 September 2016

International arbitration; Equity & trusts; Trusts & estates taxation

Series: Oxford International Arbitration Series

In recent years, numerous jurisdictions have seen a significant shift in thinking about whether and to what extent matters involving the inner workings of a trust - so-called 'internal' trust disputes between settlors, trustees, and beneficiaries - are amenable to arbitration.

Not only are parties expressing an increased desire to minimize the cost and delay of hostile trust litigation, but courts and legislatures from around the world have begun to demonstrate an increased willingness to allow these sorts of disputes to go to arbitration.

Indeed, legislation allowing internal trust arbitration now exists in a number of jurisdictions, while courts in other countries have begun to allow mandatory arbitration of these types of disputes even in the absence of subject-specific statutes.

This book discusses recent and anticipated developments concerning trust arbitration in a variety of domestic and cross-border settings.

In so doing, the text not only provides necessary information about the special nature of national and international trust arbitration, it also bridges the gap between trust law and arbitration law by bringing together authors with expertise in both fields.

Furthermore, this book is the first to provide detailed and critical analysis of various institutional initiatives in the area of trust arbitration (including measures proposed by the American Arbitration Association, the American College of Trust and Estate Counsel, the English Trust Law Committee, and the International Chamber of Commerce) and to offer in-depth coverage of various national, international, and comparative issues, including the applicability of the New York Convention and the Hague Trust Convention to internal trust arbitration. As a result, this book is a must-have for specialists in both trust law and arbitration law.

By: Tony Molloy (Barrister Barrister Shortland Chambers)
Edited by: S.I. Strong (Manley O Hudson Professor of Law Manley O Hudson Professor of Law University of Missouri)
Imprint: Oxford University Press
Country of Publication: United Kingdom
Dimensions: Height: 247mm, Width: 176mm, Spine: 38mm
Weight: 1g
ISBN: 9780198759829
ISBN 10: 0198759827
Series: Oxford International Arbitration Series
Pages: 620
Publication Date: 29 September 2016
Audience: College/higher education , Professional and scholarly , Primary , Undergraduate
Format: Hardback
Publisher's Status: Active

Professor S.I. Strong is the Manley O Hudson Professor of Law at the University of Missouri, where she specializes in international dispute resolution and comparative law, with a particular emphasis on international arbitration, trust law, and large-scale (class and collective) suits. Tony Molloy QC is formerly of Shortland Chambers, Auckland, and an Associate Member, Ten Old Square Chambers, Lincoln's Inn, and an Honorary Member of the Chancery Bar Association. He is author of several textbooks on tax, fraud, and partnership law.

Reviews for Arbitration of Trust Disputes: Issues in National and International Law

The chapters are all of impeccable quality. They have all been authored with diligence and rigor and throughout one senses not only a high degree of scholarship, but also of accumulated professional awareness and prestige. The book is a fascinating and wholly informative read from start to end for anyone with a practical or academic query on any matter of trust arbitration. I suspect this will be the definitive work on trust arbitration for some time. * Ilias Bantekas, Brunel University London and Director University of London LLB Program in Athens (in Transnational Dispute Management) * This book is the first of its kind to provide extensive coverage of the latest developments in trust arbitrations in a variety of jurisdictions ... The book helps to understand the specificity of trust disputes and sheds new light on issues which for a long time have hindered the expansion of arbitration into the field of trusts. * Elena Lapina, ASA Bulletin. * This book provides an important and welcome addition to the developing body of literature on the resolution of trust disputes. The potential advantages and possible difficulties of arbitration are clearly identified, as are recommended routes forward for consideration by legislators and practitioners to widen further the appeal and scope for arbitrating trust disputes. The perception of arbitration as an effective solution for trust disputes is ably enhanced by this publication. * Peter Pexton, Trust Quarterly Review. *