Haley v Haley

Subject Matter

MARRIAGE — Divorce — Financial provision — Family Law Arbitration Scheme — Parties agreeing to submit dispute in financial proceedings arising from divorce to arbitration — Wife seeking incorporation of arbitral award in court order — Husband seeking permission to appeal award and to set it aside for procedural irregularity — Appropriate test for permission to appeal arbitration award — Whether permission to appeal to be granted — Whether court to exercise discretion not to approve order in terms of award — Whether order to be made — Matrimonial Causes Act 1973 (c 18), s 25(1)(2) (as substituted by Matrimonial and Family Proceedings Act 1984 (c 42), s 3) — Arbitration Act 1996 (c 23), ss 68, 69(3) — FPR Pt 30

[2020] EWHC 841 (Fam); [2020] WLR(D) 531, Fam D

MARRIAGE — Divorce — Financial provision — Family Law Arbitration Financial Scheme — Parties agreeing to submit dispute in financial remedy proceedings to arbitration — Husband seeking order that final order not made in accordance with terms of arbitral award — Proper approach to exercise of court’s discretion to decline to make order in accordance with terms of arbitral award — Matrimonial Causes Act 1973 (c 18), s 25 — Arbitration Act 1996 (c 23), ss 68, 69 — FPR Pt 30

[2020] EWCA Civ 1369; [2021] Fam 317; [2021] 2 WLR 357; [2021] 1 FLR 1429; [2020] WLR(D) 570, CA

Appellate History

Commentary

Transparency Project
Appealing an arbitration award Case comment