Arbitration Of Trust Disputes

Author : Stacie Strong
Publisher : Oxford International Arbitrati
ISBN 13 : 9780198759829
Total Pages : 0 pages
Book Rating : 4.27/5 ( download)

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Download or read book Arbitration of Trust Disputes written by Stacie Strong and published by Oxford International Arbitrati. This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Author : Grant Jones
Publisher : Spiramus Press Ltd
ISBN 13 : 1907444580
Total Pages : 414 pages
Book Rating : 4.86/5 ( download)

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Download or read book ADR and Trusts written by Grant Jones and published by Spiramus Press Ltd. This book was released on 2015-01-05 with total page 414 pages. Available in PDF, EPUB and Kindle. Book excerpt: Settling trust disputes without litigation can save all parties legal costs and maintain confidentiality (reducing the risk of unwelcome publicity). ADR and Trusts has been written to help professional advisers who want to help their clients to avoid litigation. It is a development from the authors’ accredited mediation training course for the Society of Trust and Estate Practitioners (STEP). Part A introduces the reader to the different forms of dispute resolution, and examines the differences between arbitration and mediation of trust and fiduciary disputes. The mediation process is explained, including: the role of professional advisors, and the tools and techniques for mediation. The authors examine ways of avoiding disputes, cross-border aspects of Alternative Dispute Resolution (ADR), the psychological factors affecting mediation, the mediator’s powers to mediate and settle disputes, and ethical issues in Trust ADR. Islamic and Sharia Trust ADR is also considered, with close study of the developing approaches in Canada and the UK. Part B examines 27 jurisdictions and how trust law and ADR operates in each of them. The jurisdictions covered are: Australia, Bahamas, Barbados, The British Virgin Islands, Canada, Cyprus, England and Wales, Florida, France, Gibraltar, Guernsey, Hong Kong, India, Ireland, Isle of Man, Israel, Italy, Jersey, Liechtenstein, Malaysia, Mauritius, New Zealand, Panama, Scotland, Singapore, Switzerland, and the United Arab Emirates. Each profile addresses: arbitration law and practice, trust law, the mandatory requirements for mediation and the enforcement of ADR awards. Mediators, arbitrators, trust and estate planning practitioners, trust managers and anyone involved in trust disputes should all benefit from reading this book.

Author : Lucas Clover Alcolea
Publisher : Edward Elgar Publishing
ISBN 13 : 9781802201314
Total Pages : 300 pages
Book Rating : 4.19/5 ( download)

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Download or read book Arbitration of Trust Disputes written by Lucas Clover Alcolea and published by Edward Elgar Publishing. This book was released on 2022-05-28 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: As the arbitration of internal trust disputes has attracted significant attention amongst the arbitration and trust law communities in recent years, this book provides a timely and comprehensive examination of the ways of overcoming challenges associated with trust arbitration. Rebutting arguments made against the enforceability of trust arbitration clauses, it highlights key traps for the unwary when drafting such clauses, and thereby provides readers with the necessary knowledge to enter by the narrow gate of trust arbitration, rather than by the broad gate of trust litigation. Key features include: Guidance for the drafting of trust arbitration clauses In-depth analysis of the European Convention on Human Rights (ECHR) and natural justice issues posed by trust arbitration Comparisons between several commonwealth jurisdictions to determine how trust arbitration could work in each system Analysis and commentary on multiple common law trust arbitration statutes, as well as relevant international treaties, including the Hague Trust Convention and the New York Convention Arbitrators, private client lawyers, trust professionals and scholars will greatly benefit from the detailed analysis and commentary in this book. Accessible in style, it will also prove invaluable to students of arbitration or trust law.

Author : Sara Collins
Publisher : OUP Oxford
ISBN 13 : 0191628921
Total Pages : 900 pages
Book Rating : 4.24/5 ( download)

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Download or read book International Trust Disputes written by Sara Collins and published by OUP Oxford. This book was released on 2012-01-19 with total page 900 pages. Available in PDF, EPUB and Kindle. Book excerpt: The number of disputes involving trusts has risen significantly in recent years. Many disputes take place in the international environment and cross-border jurisdictional issues may arise. These disputes often involve large sums of money, impacting significantly on family relations. The handling of such disputes requires specialist skills and knowledge, including an understanding of how and why private trusts are established and administered and the problems that can arise; an awareness of the cross-jurisdictional issues that may be relevant; and the ability to identify practical legal solutions to the dispute that are compliant with trust principles. International Trust Disputes provides a comprehensive and thorough treatment of this topic. Acting as a specialist guide for practitioners, it offers a survey of the special considerations that may arise with regard to trust disputes as well as a definitive guide to the issues which may be encountered in the jurisdictions where disputes are most likely to take place.

Author : James M Sheedy
Publisher : Hart Publishing
ISBN 13 : 9781782256830
Total Pages : pages
Book Rating : 4.30/5 ( download)

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Download or read book Litigating Trust Disputes in Jersey written by James M Sheedy and published by Hart Publishing. This book was released on 2017 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : Dr. Manuel Arroyo
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041192743
Total Pages : 3026 pages
Book Rating : 4.45/5 ( download)

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Download or read book Arbitration in Switzerland written by Dr. Manuel Arroyo and published by Kluwer Law International B.V.. This book was released on 2018-08-06 with total page 3026 pages. Available in PDF, EPUB and Kindle. Book excerpt: Arbitration in Switzerland

Author : Todd Mayo
Publisher :
ISBN 13 : 9781787428812
Total Pages : 90 pages
Book Rating : 4.18/5 ( download)

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Download or read book Effective Trust Disputes written by Todd Mayo and published by . This book was released on 2022-08-31 with total page 90 pages. Available in PDF, EPUB and Kindle. Book excerpt: Trust disputes can be tremendously costly, in terms of legal fees, hiring experts and lost opportunity costs, as well as the costs attendant with the often emotionally charged atmosphere that can pit family members against one another. Despite the high toll, trust litigation continues to increase around the world - both in the number of matters being initiated and the amounts in controversy - as trust instruments become increasingly important vehicles in the management and transfer of wealth of various sizes.Preventing a fire is substantially less costly than fighting one. Identifying and appreciating the potential causes of trust disputes puts settlors, trust officials and beneficiaries in the best position to prevent a dispute from developing or accelerating.This Special Report examines the causes of trust disputes and explores the steps that settlors, trustees, beneficiaries and others can take during each stage of a trust's lifecycle - design, execution, administration and termination - to reduce the risk of sparking a dispute. Supported by real world experience and input from leading international trust practitioners, including estate planners, general counsel and experienced trust litigators, this Special Report delves into key concepts such as:thoughtful design of a trust's governance;incorporating flexibility and adaptability into a trust structure;the need for constructive communication and engagement between fiduciaries and beneficiaries;practices and procedures trust officials should consider implementing in trust administration; andhow trustees and beneficiaries can avoid adding fuel to the fire once a dispute arises.The authors also examine the benefits of involving different perspectives, including those of experienced trust litigators, at various stages of the trust's lifecycle, and offer practitioner insight into the measures and approaches both fiduciaries and beneficiaries should consider taking when a dispute first presents itself.Filled with real-world practitioner guidance, perspective and insight on issues of critical importance to fiduciaries, trust officials and beneficiaries alike, this Special Report is essential reading.

Author : Thomas D. Halket
Publisher : Juris Publishing, Inc.
ISBN 13 : 193383367X
Total Pages : 652 pages
Book Rating : 4.75/5 ( download)

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Download or read book Arbitration of International Intellectual Property Disputes written by Thomas D. Halket and published by Juris Publishing, Inc.. This book was released on 2012-05-01 with total page 652 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Arbitration of International Intellectual Property Disputes, which is designed not only for arbitration counsel and arbitrators but also for in-house counsel and transactional lawyers, provides a thorough guide to the use of arbitration to resolve these disputes. Both practical as well as scholarly, it starts by exploring how and why arbitration can provide the best way to resolve these disputes and how to draft an effective arbitration provision. It then covers the principal unique issues which can arise in the arbitration itself, from choosing the tribunal through confidentiality, discovery, validity determinations, choice of law, provisional and final remedies and enforceability. With the world more and more dependent upon technology of all types, the continued and growing importance of intellectual property cannot be understated. There has been, and will continue to be, an accompanying explosion in the number and complexity of transactions in which intellectual property is a critical, if not the critical, element. Many of these transactions cross national boundaries; as do the disputes which inevitably arise from them. But international intellectual property disputes present complexities not encountered in either intellectual property disputes which are confined to one country or other international commercial disputes. The Arbitration of International Intellectual Property Disputes will serve as a handy reference and guide for navigating through the complex maze of intellectual property and arbitration.

Author : Cluxton, David
Publisher : Edward Elgar Publishing
ISBN 13 : 1802203540
Total Pages : 176 pages
Book Rating : 4.47/5 ( download)

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Download or read book Aviation Law Cause of Action Exclusivity in the Warsaw and Montreal Conventions written by Cluxton, David and published by Edward Elgar Publishing. This book was released on 2022-02-15 with total page 176 pages. Available in PDF, EPUB and Kindle. Book excerpt: This incisive book tackles a controversy that has plagued the Warsaw Convention 1929 and the Montreal Convention 1999 for decades: whether the conventions provide an independent cause of action upon which a plaintiff can rely directly when pleading their action, and, if so, whether that cause of action provides the exclusive remedy. This book resolves this controversy by presenting a new conceptual framework for understanding aviation law cause of action in the conventions.

Author : Guo, Shuai
Publisher : Edward Elgar Publishing
ISBN 13 : 1802200568
Total Pages : 352 pages
Book Rating : 4.60/5 ( download)

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Download or read book Recognition of Foreign Bank Resolution Actions written by Guo, Shuai and published by Edward Elgar Publishing. This book was released on 2022-02-15 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: This timely book offers a comprehensive study of the mechanism that gives effect to foreign bank resolution actions. In particular, it focuses on how the legal framework for the recognition of foreign bank resolution actions should be structured and proposes detailed legal principles on which effective frameworks should be based.