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Challenging an arbitral award: DB v DLJ [2016] EWHC 324 (Fam)
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One of the reservations that has been expressed about family law arbitration is not knowing if the arbitral award will be binding.
In the recent
Practice Guidance - Arbitration in the Family Court (23 November 2015) Sir James Munby P notes that while not every award will need to be brought before the Family Court:
'[4] In order to be effective elements of some arbitral awards (by comprehensive dismissal of claims to create a clean break or so as to bind the provider to a pension split for example) will require their terms to be reflected in a Family Court order. If enforcement of the award becomes necessary doing so via Family Court processes will be available only if orders reflecting the award are obtained'.
Since a judge cannot be compelled to approve a draft ancillary relief consent order ('... he is no mere rubber stamp':
Tommey v Tommey [1983] Fam 15 per Balcombe J at para [21]) what is the risk of a 'slip twixt cup and lip' where the court refuses to approve an order reflecting...
Read the full article here.
