ADR and Trusts

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Author :
Publisher : Spiramus Press Ltd
ISBN 13 : 1907444580
Total Pages : 414 pages
Book Rating : 4.9/5 (74 download)

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Book Synopsis ADR and Trusts by : Grant Jones

Download or read book ADR and Trusts written by Grant Jones and published by Spiramus Press Ltd. This book was released on 2015-01-05 with total page 414 pages. Available in PDF, EPUB and Kindle. Book excerpt: Settling trust disputes without litigation can save all parties legal costs and maintain confidentiality (reducing the risk of unwelcome publicity). ADR and Trusts has been written to help professional advisers who want to help their clients to avoid litigation. It is a development from the authors’ accredited mediation training course for the Society of Trust and Estate Practitioners (STEP). Part A introduces the reader to the different forms of dispute resolution, and examines the differences between arbitration and mediation of trust and fiduciary disputes. The mediation process is explained, including: the role of professional advisors, and the tools and techniques for mediation. The authors examine ways of avoiding disputes, cross-border aspects of Alternative Dispute Resolution (ADR), the psychological factors affecting mediation, the mediator’s powers to mediate and settle disputes, and ethical issues in Trust ADR. Islamic and Sharia Trust ADR is also considered, with close study of the developing approaches in Canada and the UK. Part B examines 27 jurisdictions and how trust law and ADR operates in each of them. The jurisdictions covered are: Australia, Bahamas, Barbados, The British Virgin Islands, Canada, Cyprus, England and Wales, Florida, France, Gibraltar, Guernsey, Hong Kong, India, Ireland, Isle of Man, Israel, Italy, Jersey, Liechtenstein, Malaysia, Mauritius, New Zealand, Panama, Scotland, Singapore, Switzerland, and the United Arab Emirates. Each profile addresses: arbitration law and practice, trust law, the mandatory requirements for mediation and the enforcement of ADR awards. Mediators, arbitrators, trust and estate planning practitioners, trust managers and anyone involved in trust disputes should all benefit from reading this book.

Arbitration of Trust Disputes

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Author :
Publisher : Oxford International Arbitrati
ISBN 13 : 9780198759829
Total Pages : 0 pages
Book Rating : 4.7/5 (598 download)

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Book Synopsis Arbitration of Trust Disputes by : Stacie Strong

Download or read book Arbitration of Trust Disputes written by Stacie Strong and published by Oxford International Arbitrati. This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years, numerous jurisdictions have seen a significant shift in thinking about whether and to what extent matters involving the inner workings of a trust - so-called 'internal' trust disputes between settlors, trustees, and beneficiaries - are amenable to arbitration. Not only are parties expressing an increased desire to minimize the cost and delay of hostile trust litigation, but courts and legislatures from around the world have begun to demonstrate an increased willingness to allow these sorts of disputes to go to arbitration. Indeed, legislation allowing internal trust arbitration now exists in a number of jurisdictions, while courts in other countries have begun to allow mandatory arbitration of these types of disputes even in the absence of subject-specific statutes. This book discusses recent and anticipated developments concerning trust arbitration in a variety of domestic and cross-border settings. In so doing, the text not only provides necessary information about the special nature of national and international trust arbitration, it also bridges the gap between trust law and arbitration law by bringing together authors with expertise in both fields. Furthermore, this book is the first to provide detailed and critical analysis of various institutional initiatives in the area of trust arbitration (including measures proposed by the American Arbitration Association, the American College of Trust and Estate Counsel, the English Trust Law Committee, and the International Chamber of Commerce) and to offer in-depth coverage of various national, international, and comparative issues, including the applicability of the New York Convention and the Hague Trust Convention to internal trust arbitration. As a result, this book is a must-have for specialists in both trust law and arbitration law.

International Trust Disputes

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Author :
Publisher : OUP Oxford
ISBN 13 : 0191628921
Total Pages : 900 pages
Book Rating : 4.1/5 (916 download)

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Book Synopsis International Trust Disputes by : Sara Collins

Download or read book International Trust Disputes written by Sara Collins and published by OUP Oxford. This book was released on 2012-01-19 with total page 900 pages. Available in PDF, EPUB and Kindle. Book excerpt: The number of disputes involving trusts has risen significantly in recent years. Many disputes take place in the international environment and cross-border jurisdictional issues may arise. These disputes often involve large sums of money, impacting significantly on family relations. The handling of such disputes requires specialist skills and knowledge, including an understanding of how and why private trusts are established and administered and the problems that can arise; an awareness of the cross-jurisdictional issues that may be relevant; and the ability to identify practical legal solutions to the dispute that are compliant with trust principles. International Trust Disputes provides a comprehensive and thorough treatment of this topic. Acting as a specialist guide for practitioners, it offers a survey of the special considerations that may arise with regard to trust disputes as well as a definitive guide to the issues which may be encountered in the jurisdictions where disputes are most likely to take place.

Arbitration of Trust Disputes

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Author :
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (137 download)

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Book Synopsis Arbitration of Trust Disputes by : S.I Strong

Download or read book Arbitration of Trust Disputes written by S.I Strong and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Once considered nothing more than “mere” estate planning devices, trusts play a large and growing role in the international economy, holding trillions of dollars of assets and generating billions of dollars of income each year. However, the rising popularity of both commercial and non-commercial trusts has led to an explosion in hostile trust litigation, leading settlors and trustees to search for new and less expensive ways to resolve trust-related disputes. One possible solution involves use of a mandatory arbitration provision in the trust itself. However, the unique, multiparty nature of trust disputes often makes this sort of arbitration highly controversial. Several U.S. states have taken diametrically opposed positions on mandatory trust arbitration, although the vast majority of jurisdictions have not yet addressed this matter. This Article considers the various issues that arise when two separate bodies of law - trust law and arbitration law - collide, using recent developments in the field of international commercial arbitration to address some of the more intransigent problems facing trust arbitration. The Article focuses on five areas of concern: the potential for impermissible ouster of the courts, the operability and effectiveness of the arbitration provision, the extent to which the arbitration provision is binding on the party against whom arbitration is asserted, proper representation of parties and arbitrability. In so doing, this Article introduces a number of new judicial decisions not previously considered in the scholarly literature and brings using a uniquely comparative and international perspective to the debate regarding the jurisprudential propriety of mandatory trust arbitration.

ADR in the Workplace

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Author :
Publisher : West Academic Publishing
ISBN 13 :
Total Pages : 984 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis ADR in the Workplace by : Laura J. Cooper

Download or read book ADR in the Workplace written by Laura J. Cooper and published by West Academic Publishing. This book was released on 2005 with total page 984 pages. Available in PDF, EPUB and Kindle. Book excerpt: Arbitration, mediation, and other forms of alternative dispute resolution now have largely replaced litigation as the means of resolving all kinds of employment disputes in a variety of workplaces. These dispute resolution processes fundamentally alter the advocate s role and even the definition of employee legal rights. Disputes involving unionized workers have been resolved in arbitration for more than fifty years, but increasingly the process is being adapted to address the statutory and common law rights of nonunion employees. Issues such as employment discrimination that earlier would have been litigated are often now resolved in mediation. This textbook uses essays, arbitration awards, and court decisions to bring to the classroom the reality of contemporary workplace decision-making. It comprehensively addresses the substance and procedure for arbitration, mediation, and other dispute resolution mechanisms. The employment arbitration materials, in particular,

Donative Trusts and the United States Federal Arbitration Act

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Author :
Publisher :
ISBN 13 :
Total Pages : 25 pages
Book Rating : 4.:/5 (13 download)

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Book Synopsis Donative Trusts and the United States Federal Arbitration Act by : David Horton

Download or read book Donative Trusts and the United States Federal Arbitration Act written by David Horton and published by . This book was released on 2016 with total page 25 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the United States, every reported case grappling with the validity of an arbitration clause in a donative trust shares the assumption that state law governs. The same is true of the vast majority of scholarship on the topic. Conversely, this chapter in Arbitration of Internal Trust Disputes: Issues in National and International Law (Oxford University Press, forthcoming 2016) argues that the Federal Arbitration Act (FAA) applies to some trust arbitration provisions. It then explores the consequences that flow from this conclusion.

Arbitration of Trust Disputes

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Author :
Publisher : Edward Elgar Publishing
ISBN 13 : 1802201327
Total Pages : 320 pages
Book Rating : 4.8/5 (22 download)

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Book Synopsis Arbitration of Trust Disputes by : Clover Alcolea, Lucas

Download or read book Arbitration of Trust Disputes written by Clover Alcolea, Lucas and published by Edward Elgar Publishing. This book was released on 2022-05-06 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: There is a dire need for a comprehensive pedagogical resource both on diverse approaches to teaching sports economics and the use of sports to teach broader principles of economic concepts. This book does exactly that. The contributions from leading scholars and teachers in both fields will help all instructors looking to raise their teaching game.

Trust Arbitration Clauses

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Author :
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (137 download)

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Book Synopsis Trust Arbitration Clauses by : Matthew Conaglen

Download or read book Trust Arbitration Clauses written by Matthew Conaglen and published by . This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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” [2015] CLJ (Forthcoming).

Accountants' Roles and Responsibilities in Estates and Trusts

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Author :
Publisher : CCH
ISBN 13 : 9780808092063
Total Pages : 744 pages
Book Rating : 4.0/5 (92 download)

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Book Synopsis Accountants' Roles and Responsibilities in Estates and Trusts by : David Glusman

Download or read book Accountants' Roles and Responsibilities in Estates and Trusts written by David Glusman and published by CCH. This book was released on 2008 with total page 744 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Global Developments in Trust Arbitration

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Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (137 download)

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Book Synopsis Global Developments in Trust Arbitration by : S.I Strong

Download or read book Global Developments in Trust Arbitration written by S.I Strong and published by . This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the last few decades, arbitration has become increasingly popular in a wide variety of contexts and jurisdictions. However, up until recently, one field - trust law - has stood apart and resisted the pull toward arbitration. Over the last few years, this tradition has begun to change. Indeed, an increasing number of jurisdictions have begun to embrace the arbitration of internal trust disputes, meaning disputes involving trustees and beneficiaries and relating to the inner workings of the trust. Although trust arbitration has received support from numerous courts, legislatures and commentators, the procedure is still in its infancy, and numerous questions exist about the use, scope and validity of arbitration provisions found in trusts. This chapter describes the key issues in the area of trust arbitration as a matter of both national and international law and introduces the work of other contributors to a new volume of collected essays on trust arbitration. Both the chapter and the book in which it is found consider trust arbitration from both a trust law and arbitration law perspective, which is critical to a proper understanding of the issues at stake. The chapter and the book also discuss trust arbitration as a matter of domestic and international law, thereby recognizing the differences in national approaches to trust arbitration while also respecting the importance of offshore jurisdictions in trust law and practice. Trust arbitration is a new and exciting area of law, practice and scholarship, and one that will be growing rapidly in the coming years. This chapter provides an important introduction to the comparative, international and interdisciplinary issues that arise when settlors seek to require arbitration of trust-related disputes through inclusion of an arbitration provision in a trust.

The Living Trust

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Author :
Publisher : McGraw-Hill/Contemporary
ISBN 13 :
Total Pages : 372 pages
Book Rating : 4.3/5 ( download)

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Book Synopsis The Living Trust by : Henry W. Abts

Download or read book The Living Trust written by Henry W. Abts and published by McGraw-Hill/Contemporary. This book was released on 1993 with total page 372 pages. Available in PDF, EPUB and Kindle. Book excerpt: ". . . is unquestionably the layman's most nearly complete source on living trusts. . . . Recommended reading for anyone who wants to maximize his net estate left to heirs, speed asset distribution after death, avoid will challenges, minimize estate costs, and maintain privacy." -- Robert Bruss, Esq., and Nationally Syndicated Real Estate Columnist Chicago Tribune ". . . presents in clear, concise, and readable language what every person needs to know. I heartily recommend it as required reading for every caring husband, wife, parent--all those with an estate to pass along to heirs." -- Byron Countryman, Esq. Countryman and McDaniel Attorneys at Law, Los Angeles Why The Living Trust Is So Important You may think your heirs have been well provided for, but did you know that: Your loved ones may have to wait more than two years before receiving a penny from your estate--even though you have left a legally valid will? Costs of probating your will may eat up more than 10 percent of your estate-money your heirs will never receive? The specific instructions of your bequest may be contested or changed completely--even though clearly spelled out in your will? Once a will is probated, it becomes a matter of public record--anyone can access the information just by going to the courthouse and asking for your tile? A will cannot help you in life? If you become incapacitated or your judgment comes into question, it becomes a matter for the courts to decide and is, again, a very public process. A Living Trust is a simple, inexpensive legal alternative that eliminates the costs and delays of probate and ensures that your loved ones will receive their inheritance promptly and exactly as you intended. It is also the only estate planning tool that allows you to plan for your own incapacity or for avoiding competency hearings. When The Living Trust was published in 1989, it quickly became the bible on how to avoid probate. This updated edition includes information on the new IRA Q-TIP Trust, the Spousal and Family Support Trust, and the Family Limited Partnership. In addition, there is new material on the Charitable Remainder Trust (to preserve a large estate), the Gift Trust (to reduce the impact of inflation), protection for the handicapped, and a checklist of more than 150 "must" provisions that separate a good Living Trust from a bad one. Also included is up-to-date information about trusts for unmarried couples, placing assets in your trust, what should never be placed in your trust, and much, much more. A nationally recognized authority on Living Trusts, Henry W. Abts III is chairman and founder of The Estate Plan, the nation's oldest and largest Living Trust production corporation, responsible for creating more than 25,000 Living Trusts. A graduate of the University of Southern California, Abts holds a master's degree from the Stanford University Graduate School of Business.

Resolving Disputes

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Author :
Publisher : Aspen Publishers
ISBN 13 : 9781454838746
Total Pages : 0 pages
Book Rating : 4.8/5 (387 download)

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Book Synopsis Resolving Disputes by : Jay Folberg

Download or read book Resolving Disputes written by Jay Folberg and published by Aspen Publishers. This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Dispute resolution : what it's all about -- Negotiation and conflict : the big picture -- Perception, fairness, psychological traps, and emotions -- Negotiator styles -- Negotiation dance : step by step -- Gender, culture, and race -- Negotiating ethics -- The law of negotiation -- An overview of mediation : the big picture -- A deeper look into the process -- Representing clients : preparation -- Representing clients : during the process -- Specific applications -- Court-connected mediation and fairness concerns -- The law and of mediation -- Ethical issues for advocates and mediators -- Arbitration : the big picture -- Arbitration agreements -- Selecting arbitrators -- Arbitration procedures and awards -- The law of arbitration : judicial enforcement of arbitration agreements -- Judicial enforcement of arbitration awards -- Fairness in arbitration, part I : employment, consumer, and adhesion contracts -- Fairness in arbitration, part II : Recent legislative and judicial developments -- Mixing and matching the process to the dispute -- Dispute resolution design : stepped clauses and conflict management systems -- Looking ahead : opportunities and challenges in ADR and conflict management

Equity, Trusts and Commerce

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Publisher : Bloomsbury Publishing
ISBN 13 : 1509907300
Total Pages : 601 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Equity, Trusts and Commerce by : Paul S Davies

Download or read book Equity, Trusts and Commerce written by Paul S Davies and published by Bloomsbury Publishing. This book was released on 2017-05-18 with total page 601 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of essays, written by leading commentators from across the common law world, examines a range of topics concerning Equity and Trusts in the commercial context. The essays investigate the way in which doctrines derived from the equitable jurisdiction interact with and shape various areas of the law, including company law, commercial law and agency law. Subjects considered include the difficulties in identifying trust assets in the commercial context; the court's role in supervising the trust; and the remedies available in cases of fiduciary or trustee wrongdoing. This book will be of interest to both academics and practitioners working in these difficult areas of equity and commercial law.

Fiduciary Accounting and Trust Administration Guide

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Publisher : Ali-aba
ISBN 13 : 9780831814137
Total Pages : 428 pages
Book Rating : 4.8/5 (141 download)

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Book Synopsis Fiduciary Accounting and Trust Administration Guide by : Robert Whitman

Download or read book Fiduciary Accounting and Trust Administration Guide written by Robert Whitman and published by Ali-aba. This book was released on 2002 with total page 428 pages. Available in PDF, EPUB and Kindle. Book excerpt: Advice for lawyers who handle probate of estates and administer trusts.

Societal Trust and the Liquidity of ADRs

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Author :
Publisher :
ISBN 13 :
Total Pages : 38 pages
Book Rating : 4.:/5 (13 download)

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Book Synopsis Societal Trust and the Liquidity of ADRs by : Benjamin M. Blau

Download or read book Societal Trust and the Liquidity of ADRs written by Benjamin M. Blau and published by . This book was released on 2016 with total page 38 pages. Available in PDF, EPUB and Kindle. Book excerpt: Using a unique research design, this paper examines how the level of trust in various countries affects liquidity in financial markets. In particular, we examine various measures of market liquidity in American Depositary Receipts (ADRs) while conditioning on the level of trust in the ADR's home country, which we approximate with perceived corruption and the level of interpersonal trust. Multivariate tests show that as home-country levels of trust increase, ADR liquidity is dramatically improved. To draw stronger causal inferences, we use a difference-in-difference approach to examine liquidity surrounding an (arguably) exogenous reduction in trust and find that liquidity worsens in response to the event. These results support our hypothesis that trust is an important determinant in the liquidity of financial markets.

The Use of Trusts in Investment Arbitration

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Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (137 download)

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Book Synopsis The Use of Trusts in Investment Arbitration by : Odysseas G. Repousis

Download or read book The Use of Trusts in Investment Arbitration written by Odysseas G. Repousis and published by . This book was released on 2018 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This article is the first to address the use of trusts in investment arbitration, and particularly all those instances in which trust structures may have a direct bearing on investment treaty claims. As a matter of fact, the increasing use of trusts in transnational business has created a whole new set of considerations that call for the attention of users and practitioners alike. Owing to the intricacies of trusts, and in the light of a series of recent cases, this article sets out to explore such questions as standing to sue, authorisation to bring claims on behalf of the trust or the assets held in trust, whether the trustee, the beneficiary or other trust parties should be considered covered investors, whether the trust itself may have standing, whether any resulting damages award should form part of the trust assets and be distributed in accordance with the trust deed as well as other admissibility and quantum-related questions that may arise when dealing with trusts. All in all, this article maps the multitude of issues that trust structures raise in investment arbitration. And while it may be too early to draw any conclusive remarks based on the cases discussed in this article, it would appear that trusts test the somewhat laggard abilities of investment treaties to entertain the complexity of modern day investment practices.

The ABC's of ADR

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Author :
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (951 download)

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Book Synopsis The ABC's of ADR by :

Download or read book The ABC's of ADR written by and published by . This book was released on 1994 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: