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Arbitration update: trust disputes arbitrable (AA 1996 section 9); Yukos fraud claims fail; ECtHR award enforcement delay; LMAA 2023 data; UK to withdraw from ECT; click-wrap terms upheld

Published on: 14 March 2024

Published by a LexisNexis Arbitration expert

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Arbitration under the Arbitration Act 1996
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Arbitration under the Arbitration Act 1996

AA 1996, s 9—trust disputes—replacing trustees—stay of claim

In Grosskopf v Grosskopf [2024] EWHC 291 (Ch), the court granted a section 9 Arbitration Act 1996 application, staying a claim that sought the appointment of a Judicial Trustee under the Judicial Trustees Act 1896 to replace the defendants as trustees of a family trust. It concluded that disagreements over the administration of the trust and the trustees’ conduct fell within the scope of the arbitration agreement. The claimant’s contentions—that the matter was non-arbitrable because it was a trust dispute, and that appointing a Judicial Trustee is a remedy available only from the court—were rejected. The ruling confirms that, in suitable circumstances, trust disputes can be determined by arbitration...

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