This Practice Note outlines the role of the courts in relation to family arbitration. In family cases, arbitration will take place under the Institute of Family Law arbitrators (IFLA) scheme. The courts retain jurisdiction over a family arbitration award or determination and will uphold the award or determination as long as it is within accepted parameters, and therefore give effect to the parties’ autonomy. For practical guidance on, inter alia, the process of arbitration in family cases, the key benefits of arbitration, the coverage of the IFLA scheme and the powers of the arbitrator, see Practice Note: Family arbitration—introduction.

On 6 September 2023, the Law Commission made its final recommendations to update the Arbitration Act 1996 (AA 1996) and put forward draft legislation. The Law Commission proposed measures to strengthen arbitrator immunity, improve the efficiency of cases and clarify the powers of the court. A draft Bill based on the Law Commission recommendations was introduced to Parliament and received Royal Assent on 25 February 2025. The Arbitration Act 2025 provisions will come into force ‘on such day as