arbitration
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P v B (Permission to appeal an arbitral award: children) [2025] EWFC 69 (B)10 January 2025
Permission to appeal heard by HHJ Robertson involving a challenge to an arbitral determination in a children matter. Held that the powers of an arbitrator to re-open issues in a case are different to those of a judge, as they operate in different spheres, under different rules and to achieve different outcomes.
- Cases
- arbitration
- Appeals
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On v On [2024] EWFC 37911 December 2024
HHJ Booth (now retired), sitting as a High Court judge, considered whether the duty of full and frank disclosure ends at the arbitration hearing, the judgment, and also whether the arbitral award should be treated as a ‘judgment’. Held: the duty of full and frank disclosure continued until the final disposition of the claims by the court.
- Cases
- Dishonesty
- arbitration
- Disclosure
- Fraud
Will Delays in Converting Arbitral Awards into Court Orders Deter the Use of Arbitration?
Since the Court of Appeal’s judgment in Haley v Haley [2020] EWCA Civ 1369 there have been numerous attempts to encourage litigants and legal representatives to use arbitration to resolve family law disputes. The recent case of ON v ON [2024] EWFC 379 illustrates the difficulties which can arise when there is a change of circumstances between an arbitral award being delivered and reflected in a court order.
- Journal
- arbitration
!18/03/2025 06:00
Arbitrating Costs Provision Applications
There have been few seismic changes in family law that reshaped everything. Much as we would love suddenly to have a new landscape for our professional work, most of us can only hope to find small solutions that work for some small corner of one field. However, bit by bit this may all contribute to an evolving and improving climate in which families change and start their new chapters. Here we hope is one more such.
- Blog
- arbitration
- Costs
!05/12/2024 08:00
Avoiding the Bear Traps of Arbitration – Some Tips from the Coalface
Arbitration is the form of ADR on everyone’s lips – even more so now with the new NCDR provisions that have come into force. Slow to get going, after its launch in 2012, and after Haley v Haley ironed out people’s concerns about routes to appeal, arbitration is sometimes hailed as being the silver bullet solution – a client-pleasing way to avoid the challenges that come with the court service.
- Blog
- arbitration
- NCDR
!02/12/2024 11:04
The Art of the Award: Delivering an Arbitral Award in a Financial Remedies Case
Like advocacy, award writing is a solitary and idiosyncratic art. No doubt others use different brush strokes. These are Rhys Taylor's tips for award writing.
- Blog
- arbitration
- NCDR
!05/09/2024 11:00
DR Corner: Introducing Assent: Combining Arbitration and Private FDRs in a Streamlined Process based on the FPR Directions
Anyone who has tried to arrange a Private Financial Dispute Resolution (pFDR) will be familiar with that sinking feeling when the process is slipping away. It starts with a low-level dispute over the judge, the date or the location of the hearing. Then a seemingly innocuous question about disclosure…
- FDRs
- Mediation
- arbitration
- divorce
- DR Corner
- Costs
- Financial Remedies
- Private FDR
- Alternative Dispute Resolution
!01/07/2024 07:00
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LT v ZU [2023] EWFC 1796 October 2023
HHJ Evans-Gordon. Substantive hearing following the father challenging an application by the mother to convert an arbitral award into an order of the court.
- Cases
- arbitration
- Children Act 1989 Schedule 1 Applications
- Appeals
- Needs
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LT v ZU [2022] EWFC 20628 December 2022
HHJ Evans-Gordon. Application by the father challenging an arbitral award concerning provision for the parties’ two children pursuant to Schedule 1 of the Children Act 1989.
- Cases
- arbitration
- Children Act 1989 Schedule 1 Applications
- Appeals
- Needs
DR Corner: The Drive for Gender Diversity in Private FDRs
Pressures on court time and the increasing use of remote courts over the COVID-19 pandemic have led to the increasing popularity and success of Private FDRs within (and instead of) financial remedy proceedings within the last 5 years.A Private FDR is a &l…
- Journal
- FDRs
- Unconscious Bias
- arbitration
- divorce
- Financial Remedies Court (FRC)
- Diversity
- DR Corner
- Financial Remedies
- Private FDR
- Efficient Conduct
- Alternative Dispute Resolution
- First Appointments
!27/03/2023 09:50
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