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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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Bell Yard Kysen—Liz Giles

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NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
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