Timothy Gallagher and Paul Shugar Author Article for January/February 2020 Issue of Probate Law Journal of Ohio
Timothy Gallagher and Paul Shugar Author Article for January/February 2020 Issue of Probate Law Journal of Ohio

Timothy Gallagher and Paul Shugar authored "An Introduction to Trust Arbitration" in the January/February 2020 Issue of the Probate Law Journal of Ohio.

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.

To read the full article, click here.

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