You Can't Have Your Trust and Defeat It Too: Why Mandatory Arbitration Provisions in Trusts Are Enforceable, and Why State Courts Are Getting It Wrong.

Autor: HIRSHBERG, RACHEL M.
Předmět:
Zdroj: Journal of Dispute Resolution; 2013, Vol. 2013 Issue 1, p213-231, 19p
Abstrakt: The article offers information on the decision of the Texas State Court of Appeals concerning the enforceability of mandatory arbitration provisions after evaluating the legal background of arbitration. It further mentions enactment of the Federal Arbitration Act (FAA) in the year 1925 and the Supreme Court's subsequent expansion of the FAA. It also states the similarities and relationship between trust law and contract principles.
Databáze: Supplemental Index