Course Description
This presentation will discuss the enforceability of arbitration, forum-selection, and jury-waiver clauses in trust and will disputes. It will also discuss other related issues associated with these litigation-altering clauses such as common defenses, standards for enforcement, and potential forms for these clauses.
Syllabus
- What are arbitration, forum-selection and jury-waiver clauses?
- Why use those clauses?
- Standards for enforcement (in general and in trust and estate disputes)
- Why differing standards?
- Impact of choice-of-law clause