LORD WILSON WILL SEE YOU NOW
As the courts struggle to timeously deal with financial remedy applications, arbitrations under the Family Law Arbitration Scheme (IFLSA) have taken off. Fast, media free, no leaky roofs or dodgy lifts, coffee and biscuits (if you are lucky). And with appeal immunity? That’s where Haley v Haley [2020] EWCA CIV 1369, [2020] All ER (D) 110 (Oct) comes in. The Court of Appeal has unanimously and bravely ruled that when consideration is being given by the court to making an order in the terms of the arbitrator’s award, then, except for a supervening event or mistake, it was not locked in to applying the test under the Arbitration Act 1996 (AA 1996) (substantive jurisdiction lacked, serious irregularity or award wrong in law) when there was a challenge. The correct test was the less strict appeals test where fairness was relevant. King LJ disagreed with the view that an agreement to arbitrate reached between the parties themselves
