Crociani v. Crociani [2014] 2 JLR 508 (26 November 2014)
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.
- Citation
- [2014] 2 JLR 508
- Parties
- Applicant: Crociani; Respondent: Crociani
- Jurisdiction
- Jersey
- Judgment Date
- 26 November 2014
- Procedural Posture
- Trust Dispute / Appellate
- Outcome
- appeal dismissed
- Legal Topics
- Exclusive Jurisdiction Clauses, Forum Conveniens, Governing Law of Trusts
Case Brief
Summary, issues, holding and outcome
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Parties
Crociani
Applicant
Crociani
Respondent
Procedural Posture
Trust Dispute / Appellate
Legal Issues
- 1 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
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
Full Case Text
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