David Horton has made available for download his article, “Donative Trusts and the Federal Arbitration Act.” The Abstract is as follows:
In the United States, every reported case grappling with the validity of an arbitration clause in a donative trust shares the assumption that state law governs. The same is true of the vast majority of scholarship on the topic. Conversely, this chapter in Arbitration of Internal Trust Disputes: Issues in National and International Law (Oxford University Press, forthcoming 2016) argues that the Federal Arbitration Act (FAA) applies to some trust arbitration provisions. It then explores the consequences that flow from this conclusion.
Download full article at: Donative Trusts and the Federal Arbitration Act by David Horton :: SSRN
Posted by Lewis J. Saret, Co-General Editor, Wealth Strategies Journal.