Dakis Hagen KC and Stephanie Thompson write for Asian Dispute Review

Dakis Hagen KC and Stephanie Thompson write for Asian Dispute Review

In the latest issue of Asian Dispute Review, the article "The Arbitration of Trust Disputes in Hong Kong" by Seung Chong, Dakis Hagen KC, and Stephanie Thompson explores the potential for arbitrating breach of trust claims in Hong Kong.

The authors examine the current extent to which trust disputes can be arbitrated under Hong Kong law and argue the benefits of considering arbitration for such cases. They address potential challenges in trust arbitrations, such as the trustees' authority to refer disputes to arbitration, the binding nature of arbitral awards on beneficiaries, and the enforcement of such awards.

Additionally, the authors highlight the value of examining international models. If the Hong Kong Special Administrative Region (HKSAR) government considers implementing a specific statutory regime for the arbitration of trust disputes, the trust arbitration laws of New Zealand and the Bahamas could serve as useful examples.

This article was first featured in the 'Asian Dispute Review' in July 2024.