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Tony Molloy, S. I. Strong (Beteiligte)

Arbitration of Trust Disputes


Issues in National and International Law
Herausgegeben von Strong, S. I.
2016. 624 S. 247 mm
Verlag/Jahr: OXFORD UNIVERSITY PRESS; OUP OXFORD 2016
ISBN: 0-19-875982-7 (0198759827)
Neue ISBN: 978-0-19-875982-9 (9780198759829)

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This book discusses current developments in trust arbitration in both domestic and cross-border settings, analysing national and international trust arbitration, and bridging the gap between trust and arbitration law by bringing together authors with expertise in both fields. It is a must-have for specialists in both trust law and arbitration law.
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 anincreased 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 ofsubject-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 institutionalinitiatives 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.
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.
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.