Dispute resolution: Jersey and the Channel Islands
Litigation is the main form of dispute resolution used in Jersey to settle large commercial disputes. Arbitration is not yet used frequently despite the passing of the
Arbitration (Jersey) Law 1998, which provides a legal framework for arbitration and gives effect to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards.
The island’s government has, in addition, made a contribution towards the running costs of the City Disputes Panel, which operates in London, with a view to encouraging dispute resolution using that body.
There is no obligation upon parties to pursue alternative dispute resolution (ADR) under the Royal Court Rules (RCR), although a party can be penalised on costs if they unreasonably refuse to mediate…
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What is the role of the Royal Court of Jersey in trustee applications for directions regarding disclosure of trust information?
A recent application has raised the issue of the function of the court, namely whether the court was exercising its own discretion in supervising, and intervening, in the administration of a trust.
Royal Court clarifies limits of customary law exception in respect of time-barred breach-of-trust claims brought by incoming trustee
Where a newly incorporated PTC recently appointed as successor trustee seeks to bring claims for breach of trust against predecessors, it will not be able to benefit from empêchement d’agir.