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Arbitration of shareholder and trust disputes

Journal article | June 2021 | Available for purchase & free for members

Abstract

Shareholder oppression disputes are notoriously protracted and acrimonious. Private arbitration offers a viable and desirable alternative to traditional court proceedings for the resolution of such disputes. This article contends that shareholder oppression (and trust) disputes are arbitrable, by reference to recent Australian cases as well as leading cases in the Asia-Pacific region. It further contends that such disputes should be arbitrated and not litigated. To conclude, this article offers some tips to assist in drafting arbitration clauses within shareholder agreements, trust deeds and standalone submission agreements.

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Thanks

We thank the author of this article Albert Monichino QC and the journal editor Russell Thirgood for their contribution to this journal.

Tags: Arbitration, Arbitration Rules, shareholder, trust