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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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MOVERS & SHAKERS

Harneys—Maggie Kwok & George Weston

Harneys—Maggie Kwok & George Weston

Harneys senior leadership appointments

Freeths—Keith Browne & Jim Jordan

Freeths—Keith Browne & Jim Jordan

Freeths strengthens London Construction and Engineering practice with two strategic senior hires

Anthony Collins—Laura Moss

Anthony Collins—Laura Moss

Anthony Collins announces strategic hire to deepen skills base in the social business sector

NEWS
More than 100 teams from the legal and financial services sectors competed in five sports at the 51st Law Society RFC Festival of Sport earlier this month
Part-time status need only be an effective cause of less favourable treatment, rather than the sole cause, the Supreme Court has held in Augustine v Data Cars
Britain’s new acknowledgement that Israel’s occupation is unlawful, and accompanying settlement-goods ban and sanctions, is significant but overdue, argue Danny Friedman KC and Victor Kattan in NLJ this week
New planning fee rises, wider trade union access rights and a service-by-email trap feature in Stephen Gold’s latest Civil Way
Existing defamation law can respond to AI ‘hallucinations’, but allocating responsibility will prove harder where outputs reach users without human intervention
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