The Arbitration of Trust Disputes: Opportunities and Risks

Journal article | NZ | December 2014 | Available for purchase & free for members


Arbitration is now commonly used worldwide and in New Zealand for the resolution of commercial disputes between parties. The development of the New York Convention and its implementation in domestic law in New Zealand through the Arbitration Act 1996 has certainly enhanced the use of arbitral processes by dealing with questions of procedure within the arbitration, and of the recognition and enforceability of arbitrated outcomes.

However, while those changes have helped to facilitate a great increase in the arbitration of commercial disputes, there is still a degree of trepidation about whether disputes involving trusts can be arbitrated, and, whether or not arbitration is appropriate.

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We thank the author of this article Robert Fenwick Elliott and the journal editor Russell Thirgood for their contribution to this journal.

Tags: Arbitration, Legal practice, Dispute handling administration, Finance and accounting