arbitration

P v B (Permission to appeal an arbitral award: children) [2025] EWFC 69 (B)

Judgment date: 10 January 2025 https://caselaw.nationalarchives.gov.uk/ewfc/b/2025/69 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

On v On [2024] EWFC 379

Judgment date: 11 December 2024 https://caselaw.nationalarchives.gov.uk/ewfc/2024/379 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

Will Delays in Converting Arbitral Awards into Court Orders Deter the Use of Arbitration?

Will Delays in Converting Arbitral Awards into Court Orders Deter the Use of Arbitration?

https://caselaw.nationalarchives.gov.uk/ewfc/2024/379 ‘There is a common misconception that the use of arbitration, as an alternative to the court process in financial remedy cases, is the purview only of the rich who seek privacy, away from the courts and the eyes of the media. If

Arbitrating Costs Provision Applications

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

Avoiding the Bear Traps of Arbitration – Some Tips from the Coalface

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

The Art of the Award: Delivering an Arbitral Award in a Financial Remedies Case

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 my tips for award writing. A stitch in time saves nine. The tribunal does not want to be left at the end of a hearing without a clear roadmap of what

DR Corner: Introducing Assent: Combining Arbitration and Private FDRs in a Streamlined Process based on the FPR Directions

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. A