A Tale of Two Forums – the decision in Grosskopf v Grosskopf [2024] EWHC 291 (Ch) – Wilberforce Chambers

Posted May 3rd, 2024 in arbitration, chambers articles, jurisdiction, news, trusts by sally

‘The decision by Master Clark on 16 February 2024 in Grosskopf v Grosskopf (two members of Wilberforce Chambers: Fenner Moeran KC and Simon Atkinson acted for the C in this case) is a judgment on an increasingly important point – to what extent can parties contractually agree to submit their trust dispute to arbitration? Does section 9 of the Arbitration Act 1996 bite in circumstances where the claimant seeks a replacement of the trustee with a judicial trustee? The answer it would seem is that you can, but the arbitrators will have their hands relatively tied as to what relief they can order.’

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Wilberforce Chambers, 26th April 2024

Source: www.wilberforce.co.uk