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02 May 2019 / Amy Fox
Issue: 7838 / Categories: Features , Family , Arbitration , ADR
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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
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Haynes Boone—Jeremy Cross

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mfg Solicitors—Nick Little

mfg Solicitors—Nick Little

Corporate team expands in Birmingham with partner hire

NEWS
The High Court’s refusal to recognise a prolific sperm donor as a child’s legal parent has highlighted the risks of informal conception arrangements, according to Liam Hurren, associate at Kingsley Napley, in NLJ this week
The Court of Appeal’s decision in Mazur may have settled questions around litigation supervision, but the profession should not simply ‘move on’, argues Jennifer Coupland, CEO of CILEX, in this week's NLJ
A simple phrase like ‘subject to references’ may not protect employers as much as they think. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, analyses recent employment cases showing how conditional job offers can still create binding contracts

An engagement ring may symbolise romance, but the courts remain decidedly practical about who keeps it after a split, writes Mark Pawlowski, barrister and professor emeritus of property law at the University of Greenwich, in this week's NLJ

Medical reporting organisation fees have become ‘the final battleground’ in modern costs litigation, says Kris Kilsby, costs lawyer at Peak Costs and council member of the Association of Costs Lawyers, in this week's NLJ
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