Ardavan Arzandeh, ‘Exclusive jurisdiction clauses in international trust deeds’

ABSTRACT
Jurisdiction clauses commonly feature in high-value international contracts. Recently, these clauses are also increasingly utilised in international trust instruments. At common law, a contentious issue vis-à-vis exclusive jurisdiction clauses in trust deeds has been whether they should be upheld in the same way as their contractual equivalents. In obiter remarks in Crociani v Crociani, in 2014, the Privy Council stated that these clauses should be afforded less weight in trusts than in contracts. However, as this paper seeks to demonstrate, the reasoning underpinning the treatment of exclusive jurisdiction clauses in trust deeds in this manner is questionable. The paper’s key contention is that exclusive jurisdiction clauses in trust deeds should be enforced in the same way as those in contracts. Accordingly, an exclusive jurisdiction clause in a trust instrument should be upheld, unless the claimant can establish a strong cause why the matter should be litigated elsewhere.

Ardavan Arzandeh, Exclusive jurisdiction clauses in international trust deeds, Legal Studies, volume 41, issue 4, December 2021, pp 527-544, https://doi.org/10.1017/lst.2021.7, published online by Cambridge University Press 5 April 2021. See also: Erratum, Legal Studies, volume 41, issue 4, December 2021, pp 545-546, https://doi.org/10.1017/lst.2021.44.

First posted 2021-11-16 17:00:46

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