Trust Arbitration Clauses

The Enforceability of Arbitration Clauses in Trusts [2015] CLJ (Forthcoming)

Sydney Law School Research Paper No. 15/72

49 Pages Posted: 16 Sep 2015

See all articles by Matthew Conaglen

Matthew Conaglen

The University of Sydney Law School

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

Conaglen, Matthew, Trust Arbitration Clauses (September 14, 2015). The Enforceability of Arbitration Clauses in Trusts [2015] CLJ (Forthcoming), Sydney Law School Research Paper No. 15/72, Available at SSRN: https://ssrn.com/abstract=2660580

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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