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To arbitrate or not to arbitrate?

02 May 2019 / Amy Fox
Issue: 7838 / Categories: Features , Family , Arbitration , ADR
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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 the tribunal, and had been
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