Sunday, October 11, 2015
Matthew Conaglen (University of Sydney Faculty of Law) recently published an article entitled, Trust Arbitration Clauses, Sydney Law School Research Paper No. 15/72. Provided below is an abstract of the article:
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”  CLJ (Forthcoming).