Disputing family arbitration awards

Disputing family arbitration awards

In BC v BG [2019] EWFC 7 the court was concerned with the general (and novel) question as to the effect that should be given to an arbitration award made when parties agree to arbitrate disputes that arise in proceedings for financial remedies following a divorce.  The question related to an award made under the Institute of Family Law Arbitrators (IFLA) financial scheme. 

Guidance was issued in 2015 by the then President of the Family Division, Sir James Munby, on the interface between the Family Court and certain arbitrations involving parties to a post-relationship breakdown financial dispute (here), with further support given to family arbitration by Mostyn J in DB v DLJ [2016] EWHC 324 (Fam).

In BC v BG, the wife's position was that the award made in arbitration should not be made an order of the court, and that a direction be made for the dispute to be remitted back to the Family Court for reconsideration, or back to the arbitrator, if the parties agreed this. The husband's position was that the court should decline the wife's application and make an order giving effect to the award.

The wife's submissions for the court's consideration were in summary:

  • whether her assertion that she had no mortgage capacity am

Subscription Form

Already a subscriber? Login
RELX (UK) Limited, trading as LexisNexis, and our LexisNexis Legal & Professional group companies will contact you to confirm your email address. You can manage your communication preferences via our Preference Centre. You can learn more about how we handle your personal data and your rights by reviewing our  Privacy Policy.

Related Articles:
Latest Articles:

Access this article and thousands of others like it free by subscribing to our blog.

Read full article

Already a subscriber? Login

About the author:

Geraldine is Head of LexisPSL Family. She was admitted as a solicitor in 1992 and was in practice for 15 years, most recently as a partner and head of the family team at Hart Brown, a large Surrey firm.

Geraldine writes for Butterworths Family Law Service and is a past editor of the Resolution Review. She has been published in the New Law Journal, the Law Society Gazette and the District Judges’ Bulletin as well as in the national press including the Times and the Telegraph.

When in practice she was a member of the Law Society Family and Children Panels, and an accredited Resolution Specialist with a focus on advanced financial provision and pensions. A past Resolution regional secretary and press officer, Geraldine also contributed chapters to the Resolution publications, International Aspects of Family Law (3rd Edition 2009) and The Modern Family (2012).