With the March 22, 2019 enactment of R.C. 5802.05, the Ohio Legislature authorized arbitration as a means to resolve trust disputes. While there was no formal prohibition against arbitrating trust matters previously, Ohio law now endorses these provisions within trusts instruments. Beyond that threshold permission, though, the statute provides no guidance on what makes for good or bad arbitration clauses.

As arbitration is more familiar to attorneys with commercial-litigation backgrounds, this article will examine the history of trust arbitration, introduce arguments for enforcing trust-arbitration clauses, and provide an overview of drafting considerations.

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Reprinted from Probate Law Journal of Ohio available in print and on Westlaw with permission from Thomson Reuters. Copyright © 2020. Further use without permission of Thomson Reuters is prohibited. For further information about this publication, please visit https://store.legal.thomsonreuters.com/law-products/Newsletter/Probate-Law-Journal-of-Ohio/p/100028597, or call 800.328.9352.