Trust arbitration: 99 problems and 99 solutions

Abstract

Abstract Although in recent years there has been considerable interest in arbitrating internal trust disputes with a large body of literature produced on the subject, as well as statutory reform to permit it in several jurisdictions, it remains the fact that trust arbitration is still relatively uncommon. This is likely due to the complex problems of cross-border testamentary, trust, arbitration and human rights law. However, the aim of this article is to demonstrate that these difficulties are often exaggerated and can be solved with proper drafting and a little creativity.