Adam Hofri-Winogradow, ‘Trust Jurisdiction Clauses: Their Proper Ambit’

This Article investigates the proper ambit of trust jurisdiction clauses. I propose that whether each trust-related proceedings are or are not subject to any jurisdiction clause in the trust instrument should be decided according to two key criteria: the proximity of the parties to the proceedings to the drafting of the trust instrument and whether the issues under discussion in the proceedings are part of the routine running of the trust, an attempt to undermine the trust, or an attack on an officer’s functioning within the trust framework. Other factors to be taken into account are the likely costs of proceedings before the chosen court and elsewhere, the extent to which the chosen court offers a realistic prospect of a fair hearing, and the extent to which any court orders granted, whether by the court named in a jurisdiction clause or another court, are likely to be enforceable in practice.

Hofri-Winogradow, Adam S, Trust Jurisdiction Clauses: Their Proper Ambit (October 25, 2017). A final version of this paper will appear in the Journal of Private International Law (forthcoming).

First posted 2017-11-28 06:37:20

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