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Arbitration of Trust Disputes - Issues in National and International Law (Hardcover)
Loot Price: R7,278
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Arbitration of Trust Disputes - Issues in National and International Law (Hardcover)
Series: Oxford International Arbitration Series
Expected to ship within 12 - 17 working days
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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.
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