Successful appeal against Arbitration decision in Haley v Haley

Arbitration is a form of dispute resolution which has been used by some to resolve disputes outside of the court process. Since it’s introduction to include financial remedy matters in 2012 it has steadily been increasing.

Arbitration is that both parties jointly choose an arbitrator to decide on their case. The advantage of this is that you do not have to wait for hearing dates which will now be further delayed due to Covid-19. Furthermore they give you the privacy which you may want especially in high net worth cases. Once an award is given it is put forward to the court by way of a consent order. However, the only reluctance in advising clients to go down this route was that it was extremely difficult to appeal such decisions.

The ruling in Haley v Haley has widened the scope to appeal arbitral awards. This can only be a positive. We live in times where resources are low and delays are ample.

Arbitration is not only for the rich and famous, Lady Justice King in her judgment recognises that

‘parties in modest asset cases (including litigants in person) will increasingly use the arbitration process in the aftermath of the Covid-19 crisis as the courts cope with the backlog of cases, which is the inevitable consequence of “lockdown”.’

Afsana Akhtar Head of Family law at Abbey Law comments that ‘this is a positive step, not one which undermines arbitration but in fact strengthens it. Where possible we will definitely recommend arbitration. This ruling should give comfort to clients that if we do need to appeal an arbitration award we have more scope to do so now.’

Should you wish to discuss your matter please contact Afsana Akhtar at