Trust arbitration and the European Convention on Human Rights

At the present time, there is a large body of literature from multiple jurisdictions in favour of arbitrating trust disputes owing to the advantages arbitration has over litigation in resolving such disputes. Although many authors and institutions have written on the subject, relatively little attention has been paid to the compatibility of trust arbitration with the European Convention on Human Rights and specifically Article 6(1) thereof. This article aims to explore the challenges Article 6(1) poses to trust arbitration and ways in which settlors, as well as their advisors, can overcome them.