Article: Conflict of Laws and Trust Arbitration: Which Law Controls the Availability and Scope of Arbitration?

S.I. Strong (Emory University School of Law) recently published, Conflict of Laws and Trust Arbitration: Which Law Controls the Availability and Scope of Arbitration?, 2024. Provided below is an Abstract:

Trust arbitration-meaning the arbitration of disputes 'internal' to the trust pursuant to an arbitration provision found in the trust itselfis becoming increasingly popular around the world. However, laws authorizing such procedures can vary significantly across jurisdictional lines, giving rise to a variety of conflict of laws concerns. Perhaps the most challenging issue involves identification and application of the law governing the interpretation of the arbitration provision, since that will determine the availability and scope of arbitration. This chapter undertakes a detailed analysis of this important question, which requires consideration of principles gleaned from trust law, arbitration law, and private international law.