Tamasin Perkins and Thomas Snider write for Trust Quarterly Review on the role of arbitration and mediation in resolving cross-border trust disputes
In an article for Trust Quarterly Review, Tamasin Perkins, Private Wealth Disputes Partner, and Thomas Snider, International Arbitration Partner, explore avenues for mediating and arbitrating cross-border trust disputes and describe the qualities of an effective resolution strategy.
The article discusses the role of arbitration and mediation in resolving cross-border trust disputes, which can involve parties, assets, and legal systems spanning multiple countries.
- Litigation before national courts is not the only avenue for resolving such disputes; arbitration and mediation can serve as viable alternatives, either individually or together.
- The appropriate dispute resolution mechanism will depend on various factors, including the reasons for seeking resolution, cost considerations, relevant legal systems, and the nature of the dispute and the parties involved.
Disputes related to the management or administration of a trust are often emotionally charged and high-stakes, with repercussions that can last for generations. When the assets, settlor, fiduciaries, and/or beneficiaries of the trust are spread across jurisdictions, additional layers of complexity are introduced. The dispute may involve novel points of law, cover more than one area of law, and lead to conflicts between the legal systems of different applicable jurisdictions, requiring a multifaceted approach for resolution.
This article considers the benefits of mediating and/or arbitrating such disputes and notes developments across multiple jurisdictions, including the Bahamas, Guernsey, India, Liechtenstein, Singapore, Switzerland, the UAE, the UK, and the US.
Read the full piece in Trust Quarterly Review here.
