Wills & Trusts Law Reports | Summer 2024 #195The parties were siblings and beneficiaries of a trust established by their parents. In addition, the defendants were also the trustees. The claimant applied to appoint a judicial trustee in place of the defendants on the basis that the defendants had engaged in conduct that appeared to have been in breach of their duties as trustees or may have been dishonest. The parties had previously entered into an arbitration agreement before the Beth Din of the Federation of Synagogues. The court and the tribunal had previously determined that the tribunal had jurisdiction to consider the claim. T...
Suzanne Kingston, Rachael Kelsey and Geoff Wilson look at developments in arbitration in England and Wales, Scotland and Australia together with tables on arbitration schemes around the world Many countries have statutory provision for family law arbitration schemes and even those that don’t have a statutory scheme have given careful thought to arbitration. In 2012 …
Continue reading "Global arbitration: Right place, right time?"
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Mollie van Geest highlights the guidance provided in A v A as to challenges to and the implementation of financial remedy arbitral awards Where matters are contested, whether because one party seeks to implement the arbitral award by way of a court order but does not have the consent of the other party to do …
Continue reading "Arbitration: A welcome clarification"
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Alex Verdan QC and Frankie Shama ask whether the Court of Appeal decision in Haley makes family arbitration, including in children cases, a better option The result in Haley is likely to encourage more couples to refer their disputes to arbitration, and potentially lead to more challenges of arbitral awards by dissatisfied parties. While the …
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Michael Bennett blows the dust off arbitral appeals on a point of law ‘In many ways the legal position on appeals relating to points of law has come full circle. Following the 1698 Act the (eventually) settled position was that appeals would only be allowed where the error was apparent on the face of the …
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Beth Mason considers the court’s approach to a challenge to an arbitral award, and the limited circumstances in which such an award will be set aside ‘An arbitral award is effective and binding as between the parties without further court order and an order of the court is not a precondition to the binding effect …
Continue reading "Arbitration: Achieving finality"
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Michael Bennett considers extensions of time in arbitration proceedings ‘Haven draws a distinction between negligent omission and mistake when considering time limits for issuing arbitration proceedings.’ Deadlines in legal proceedings are often strict and immoveable. In this respect, arbitration is no different from litigation. So how can you gain more time if you are late? …
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Suzanne Kingston and Janet Bazley QC outline developments in arbitration, in particular the children arbitration scheme and interaction between arbitration and the courts ‘In the event that an application for an order reflecting the arbitration determination is opposed, the president’s practice guidance makes clear that the notice to show cause procedure described in S v …
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Oliver Browne and Robert Price analyse the future direction of arbitration ‘Tribunals should be more mindful of the rights of parties suffering the consequences of guerrilla tactics than the potential for guerrillas to challenge the award.’ In 1989, Lord Mustill commented that ‘commercial arbitration [had] come far from its former roots’ but that it had …
Continue reading "Arbitration: A collision of two heads"
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Rustam Dubash, Clare Arthurs and Harriet Champkin present an overview of crucial arbitration case law ‘If there is doubt or disagreement as to the materiality of the arbitral award corrections sought, Bryan J suggests issuing an application for an extension of time before the 28-day period expires, and indeed seeking permission to appeal to the …
Continue reading "Arbitration: The art of adjudication"
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