Donative Trusts and the United States Federal Arbitration Act

Arbitration of Internal Trust Disputes: Issues in National and International Law (Oxford University Press, 2016, Forthcoming)

25 Pages Posted: 26 Aug 2015 Last revised: 18 Sep 2016

David Horton

University of California, Davis - School of Law

Date Written: May 19, 2016

Abstract

In the United States, every reported case grappling with the validity of an arbitration clause in a donative trust shares the assumption that state law governs. The same is true of the vast majority of scholarship on the topic. Conversely, this chapter in Arbitration of Internal Trust Disputes: Issues in National and International Law (Oxford University Press, forthcoming 2016) argues that the Federal Arbitration Act (FAA) applies to some trust arbitration provisions. It then explores the consequences that flow from this conclusion.

Keywords: wills, estates, trusts, arbitration, FAA, alternative dispute resolution, probate

Suggested Citation

Horton, David, Donative Trusts and the United States Federal Arbitration Act (May 19, 2016). Arbitration of Internal Trust Disputes: Issues in National and International Law (Oxford University Press, 2016, Forthcoming). Available at SSRN: https://ssrn.com/abstract=2647778

David Horton (Contact Author)

University of California, Davis - School of Law ( email )

Martin Luther King, Jr. Hall
Davis, CA CA 95616-5201
United States

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