header-logo header-logo

02 May 2019 / Amy Fox
Issue: 7838 / Categories: Features , Family , Arbitration , ADR
printer mail-detail

To arbitrate or not to arbitrate?

What if you advise your client to pursue arbitration, only for them to receive an unfavourable result? Amy Fox weighs up the pros & cons of arbitration in family cases

  • Even though the options available to challenge an arbitral award are extremely limited, there are nonetheless many advantages to the arbitration route in family cases.

The recent case B C v BG [2019] EWFC 7, [2019] All ER (D) 142 (Jan) concerned an application by a wife for a judicial decision order that an arbitral award should not be made into a court order. The wife’s application asserted that:

  • there were fundamental and material errors in the arbitrator’s application of the law;
  • the law was applied unfairly;
  • there were various supervening events (including that the level of the maintenance award meant the wife could not obtain a mortgage and that the award did not meet the wife’s and the children’s needs); and
  • that the husband had failed to provide proper financial disclosure /had misled
If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Weightmans—Jason Slatcher

Weightmans—Jason Slatcher

Weightmans appoint new Chief Technology Officer

Mishcon de Reya—trainees

Mishcon de Reya—trainees

Mishcon de Reya announces trainee retention rate of 86%

Sackers—Charlotte Adams & Fraser Sutton

Sackers—Charlotte Adams & Fraser Sutton

Sackers welcomes two new Graduate Solicitor Apprentices

NEWS
LexisNexis will mark the 80th anniversary of Shawcross and Beaumont on Air Law with a live podcast exploring the evolution of aviation law from the Chicago Convention to the challenges facing modern aerospace, taking place on Tuesday 29 September
Harmony Christian Ministries is the latest charity to benefit from a £500 donation from AlphaBiolabs via the company’s Giving Back initiative
Foreign judgment creditors have gained a route to recovery after the Supreme Court’s ruling in Drelle v Servis-Terminal
Surrogacy is growing in popularity, but parents-to-be face a complex legal framework
Winning a judgment may be only the beginning of an expensive enforcement battle, writes Professor Dominic Regan in this week's NLJ
back-to-top-scroll