Recueil Des Cours, Collected Courses, Tome/Volume 366

"Trusts" in Private International Law by David Hayton. The course first deals with What is a 'trust' in the global arena ? because the concept has developed from English trusts that create proprietary rights binding third parties to complex offshore trusts with additional flexible features and to tr [...]
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"Trusts" in Private International Law by David Hayton. The course first deals with What is a 'trust' in the global arena ? because the concept has developed from English trusts that create proprietary rights binding third parties to complex offshore trusts with additional flexible features and to trusts in civil law and mixed jurisdictions that confer on beneficiaries a specially preferred obligation in respect of particular property. Once this range affecting the family and the commercial sphere is understood, it is possible properly to go on to deal with Trusts Jurisdiction and Recognition and Enforcement of Judgments under Brussels 1 and the Recast Regulation and then with Trusts within the Hague Trusts Convention, the Applicable Law and Recognition of Trusts Res Judicata and Lis Pendens in International Arbitration by Kaj Hober The increase in the number of international courts and tribunals combined with the significant growth of international arbitrations has led to a corresponding increase in overlapping and competing jurisdictions, and in the risks thereof. One method of resolving such jurisdictional conflicts is to apply the principles of res judicata and lis pendens. These lectures discuss and analyze these two principles in so far as international arbitrations are concerned, including international commercial arbitration, interstate arbitration and investment treaty arbitration.