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

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

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Parties

Crociani

Applicant

Crociani

Respondent

Procedural Posture

Trust Dispute / Appellate

  1. 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