Trust arbitration-is it desirable and does it work?

This article looks at and concludes that arbitration of trust disputes is often a more desirable means of resolution than traditional Court proceedings. But does the legal mechanism exist for trust arbitration in the absence of legislation such as that enacted in the Bahamas? The 'pro' and 'con' factions are remarkably close in their views: it depends on the effect of section 82(2) of the Arbitration Act, 1996. We examine this provision (the equivalent of which applies in most common law jurisdictions) and conclude that probably it does. Finally, we turn to drafting issues and discuss our model clauses.