Jersey Judgment

Crociani v. Crociani [2014] 2 JLR 508 (26 November 2014)

Trust Law Private International Law Exclusive Jurisdiction Clauses Forum Conveniens Governing Law of Trusts

Citation: [2014] 2 JLR 508
Status: Judgment
Jurisdiction: Jersey
Posture: Trust Dispute / Appellate

More details

Posture: Trust Dispute / Appellate

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Professional case brief

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Source document

Holding and result

An exclusive jurisdiction clause in a trust instrument referring to the law of the new trustee's residence determines the governing law of the trust, not the forum for dispute resolution.

Court disposition

appeal dismissed

Material facts

Parties

Crociani

Applicant

Crociani

Respondent

Procedural history

Posture

Trust Dispute / Appellate

Questions and positions

Legal issues

Whether an exclusive jurisdiction clause in a trust instrument determines the governing law or the forum for dispute resolution upon appointment of a new trustee

Party arguments

Applicant: The exclusive jurisdiction clause should determine the forum for resolution of disputes.
Respondent: The exclusive jurisdiction clause determines the governing law of the trust, not the forum for dispute resolution.

Court’s reasoning

Legal principles

01
[2014] 2 JLR 508

On appointment of a new trustee, if the trust instrument provides that the rights of all persons and the construction and effect of the trust are to be subject to the exclusive jurisdiction of the law of the country of the new trustee's residence, the law of the new residence becomes the governing law of the trust to avoid depecage.

Ratio, limits and disposition

Ratio decidendi

An exclusive jurisdiction clause in a trust instrument referring to the law of the new trustee's residence determines the governing law of the trust, not the forum for dispute resolution.

Court disposition

appeal dismissed

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Judgment

[2014] 2 JLR 508

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BAILII >> Databases >> Jersey Law Reports >> Crociani v. Crociani [2014] 2 JLR 508 (26 November 2014) URL: https://www.bailii.org/je/cases/JLR/2014/JLR142508.html Cite as: [2014] 2 JLR 508 [ New search ] [ Help ] Crociani v. Crociani 2014 (2) JLR 508 (26 November 2014) Trusts-exclusive jurisdiction clauses-forum conveniens-if, on appointment of new trustee, rights of all persons and construction and effect of trust to be subject to "exclusive jurisdiction" of law of country of new trustee's residence, law of new residence becomes governing law (to avoid depecage), not forum for resolution of disputes The document you wish to view is available to registered users or can be purchased as a PDF. To purchase this document in PDF format or alternatively to Register to purchase membership go to the Jersey Law website via this link: 2014 (2) JLR 508 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/2014/JLR142508.html

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