Suzanne Kingston, Partner, Withers LLP, Family Law Practice Group Jemma Thomas, PSL, Withers LLP, Family Law Practice Group
In the article entitled 'What is the
Alternative?' Suzanne Kingston and Jemma Thomas from Withers explore the
history of family law arbitration. They
compare arbitration with the court process highlighting in particular current
issues such as transparency explaining how arbitration can offer strict
confidentiality for clients. In
addition, they consider the more stringent approach to the production of
documents for hearings with particular reference to the cases of Seagrove v
Sullivan and J v J.
They explain the
legal basis of family law arbitration and the view of the judiciary describing
the President's judgment of S v S. There are a number of practitioners who may
be concerned about the cost of arbitration, due to its bespoke nature, but they
explain that it can be much cheaper and they provide their practical top tips. Finally, Suzanne and Jemma, explore the future
of arbitration pointing out where the current IFLA Scheme may extend to other
areas and consider the exciting prospect of using the New York Convention for
recognition and enforcement of foreign arbitral awards. The full version of this article appears in the July 2015 issue of Family Law.
Online subscribers can access the full version of the article here.