Arbitration of Trust Disputes

Elgar Arbitration Law and Practice series

Lucas Clover Alcolea, Lecturer, Faculty of Law, University of Otago, New Zealand

As the arbitration of internal trust disputes has attracted significant attention amongst the arbitration and trust law communities in recent years, Arbitration of Trust Disputes provides a timely and comprehensive examination of the ways of overcoming challenges associated with trust arbitration, including human rights and natural justice issues. Including commentary on existing trust arbitration statutes, including the ECHR and the Hague Trust Convention, it draws comparisons between trust and arbitration law in multiple commonwealth jurisdictions to determine how trust arbitration could work in each system, while providing guidance for the drafting of trust arbitration clauses.

‘A bold piece of scholarship on a topic of unusual complexity and great practical interest. Lucas Clover Alcolea ticks all the boxes with an engaging, thoroughly-researched, exhaustive study of the many facets of trust disputes. The privacy of the arbitral process has long been attractive to the universe of trusts and this excellent work examines every angle, from the arbitrability of trust disputes to the representation of minor, unborn or unknown beneficiaries, capping off with a helpful review of critical drafting issues in drawing up a trust arbitration clause.’
– Sophie Nappert, Arbitrator, Gray's Inn, UK and Co-Chair, ICC Task Force on Trusts and Arbitration

‘Arbitration of Trust Disputes is a very useful and clearly written addition to the international literature on arbitration law. Trusts pose unique challenges for arbitration. They are a creature of equity and the courts jealously guard their supervision of trusts for the benefit of the beneficiaries. This book addresses in depth the key issues of arbitrability of trust disputes and the ability of arbitration clauses to bind all affected parties, as well as associated process issues. By drawing on case law and legislation from across the world, this book provides invaluable insights of international relevance and significance.’
– Nicola Peart, Emerita Professor of Law, University of Otago, New Zealand

‘Arbitration of Trust Disputes is a comprehensive and insightful analysis of the special issues that arise when internal trust disputes are brought to arbitration. The text not only provides both scholarly and practical guidance, it also offers both domestic and international perspectives. This book is a welcome addition to the growing literature on trust arbitration.’
– Dr. S.I. Strong, The University of Sydney, Australia