The Rise Of Arbitration In Private Wealth Disputes

Arbitration is a private form of dispute resolution in which parties agree to submit their dispute to an arbitral tribunal, whose decision is binding and internationally enforceable under the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York Convention). Traditionally the preferred method for resolving commercial disputes, arbitration is gaining traction in private wealth matters, particularly those involving trusts, estates and foundations.

This shift is driven by increasingly global family structures, cross-border estate planning and the need for confidentiality, flexibility and speedy procedures. Parties involved in private wealth disputes are turning to arbitration to resolve their disputes outside of public courtrooms, often in highly sensitive contexts involving significant assets