Should the Law Commission look at issues in arbitration law? Tamara Goriely outlines the 13th programme
Every three years, the Law Commission consults the public on which areas of law need reform, to inform our next programme of work. This year, we are seeking suggestions for our 13th programme, to start in 2017. In our “Call for Ideas” discussion paper we highlight arbitration as one potential area for further work, and are considering several discrete topics (see www.lawcom.gov.uk).
Trust disputes
One possible change would be to allow for the arbitration of trust disputes. While some trust disputes may be suitable for arbitration, it seems that at present those who create trusts cannot require trustees and beneficiaries to use arbitration, rather than litigation, to resolve their differences. Furthermore, although two or more people of full capacity can enter into a valid stand-alone arbitration agreement to settle a trust dispute, any award will not bind other interested parties.
Should the Law Commission consider potential reforms to develop the law in this area, with the potential to offer a range of benefits to
