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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News from Mourant Ozannes
Briefings from Mourant Ozannes
The Contracts (Rights of Third Parties) Law 2014 is now in force.
Tantular v AG: Royal Court in Jersey provides clarification as to the impact of saisies judiciaires on discretionary trusts
A saisie judiciaire may not be granted over the assets of a discretionary trust merely on the grounds that the offender (or suspected offender) is a beneficiary.