Arbitration

“Handles some of the most complex and high-asset matrimonial finance cases…also in ADR.”

Chambers & Partners

Arbitration is a private procedure in which a dispute is submitted, by agreement of the parties, to one or more arbitrators who make a binding decision.

QEB is at the cutting edge of financial remedy arbitration. Members of QEB have appeared in two recent ground-breaking authorities dealing with challenges to financial remedy arbitral awards: Haley v Haley [2020] EWCA Civ 1369 and A v A (Arbitration: Guidance) [2021] EWHC 1889 (Fam).

Arbitration is an alternative to having your financial dispute determined in court. The parties appoint an arbitrator to make a binding determination as to the appropriate division of their assets. Whilst the outcome is binding on the parties, it is still possible to challenge the arbitral award by way of court process analogous to an appeal.

The main advantages of this process are that it is entirely confidential (as opposed to the court process, where members of the press may attend), the parties can select their arbitrator (they cannot select their judge at court), and the parties are not delayed by the heavily-burdened court diary. The parties and the arbitrator are able to agree a bespoke approach to case management and disclosure. This is far more flexible than the approach encountered in court proceedings, which unfold according to a largely standardised rule-based template.  If parties wish to do so, it is also possible to engage in arbitration to determine specific points in issue rather than the entire outcome of a case.

QEB is also able to offer arbitrations in children cases, after the scheme was launched in July 2016.

For information on Fees please click here.

For further information please contact Howard Rayner, Chambers’ Senior Clerk.

Other types of Alternative Dispute Resolution

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