Abstract

Introduction to the 2018 ICC Arbitration Clause for Trust Disputes

English

The revised ICC Arbitration Clause for Trust Disputes and Explanatory Note is the result of the work of the ICC Commission on Arbitration and ADR. The Commission’s Steering Committee mandated its Task Force on Trusts and Arbitration to update the previous ICC Arbitration Clause for Trust Disputes issued in 2008 in light of the developments in trust litigation and the 2012 and 2017 revisions of the ICC Rules of Arbitration. The Task Force took note of the increasing importance, in financial terms, of trust disputes, their unique features and the challenges they raise with regards to the arbitration process and recent practice. Read together with its Accompanying Explanatory Note and Aide-Memoire, the Clause set out below (also available at iccwbo.org/arbitration-clause-trust and in the ICC Digital Library) provides a mechanism for the arbitration of trust disputes.