Article On Donative Trusts and the Federal Arbitration Act

 David Horton (Professor of Law, University of California, Davis – School of Law) recently published his article entitled, Donative Trusts and the Federal Arbitration Act, Arbitration of Internal Trust Disputes: Issues in National and International Law (Oxford University Press, 2016, Forthcoming). Provided below is an excerpt from the article:

In the United States, every reported case grappling with the validity of an arbitration clause in a donative trust shares the assumption that state law governs. The same is true of the vast majority of scholarship on the topic. Conversely, this chapter in Arbitration of Internal Trust Disputes: Issues in National and International Law (Oxford University Press, forthcoming 2016) argues that the Federal Arbitration Act (FAA) applies to some trust arbitration provisions. It then explores the consequences that flow from this conclusion.