Download This PaperTrust Arbitration Clauses
The Enforceability of Arbitration Clauses in Trusts [2015] CLJ (Forthcoming)
49 Pages Posted: 16 Sep 2015
Date Written: September 14, 2015
Abstract
This working paper is a draft of a chapter for a book concerning Trusts and Wealth Management. It addresses the enforceability of clauses contained in trusts which purport to require that internal trust disputes be arbitrated rather than being dealt with through normal litigation channels. It addresses the arbitrability of internal trust disputes, as well as the legal arguments which might be relied on as justifying giving effect to such clauses. The draft chapter expands upon and develops research themes that were identified in my article, “The Enforceability of Arbitration Clauses in Trusts” [2015] CLJ (Forthcoming).
Keywords: Trusts, arbitration clauses, arbitrability, enforceability, inherent jurisdiction, regulatory competition
JEL Classification: K10, K21, K30
Suggested Citation: Suggested Citation
Matthew Conaglen (Contact Author)
The University of Sydney Law School ( email )
New Law Building, F10
The University of Sydney
Sydney, NSW 2006
Australia
61 2 9114 0962 (Phone)
61 2 9351 0200 (Fax)
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