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Arbitration

Arbitration is a system of dispute resolution in which the parties choose the person who is to decide their dispute. An arbitrator (unlike a mediator or early neutral evaluator) has the power to make decisions which bind the parties to virtually the same extent as a Judge in court. Arbitration is very well established in commercial and construction disputes as an alternative to the court process but has only relatively recently become possible in disputes between family members about money and property.

Disputes which are suitable for family arbitration include:

  • The financial consequences of divorce (or dissolution of civil partnership).
  • Children’s maintenance.
  • Disputes about property ownership.
  • Disputes under the Inheritance (Provision for Family and Dependants) Act 1975.
  • Financial claims after a foreign divorce.

Arbitration has many advantages over the court process:

  • The parties can choose their arbitrator.
  • The parties can agree the procedure to be used: for instance, whether to have a hearing or to have the decision made without a hearing.
  • The parties can agree what is to be arbitrated. This may be the entire dispute, or it may just be one issue which is holding up negotiations.
  • The arbitration can take place either before or at any stage during the court process.
  • It can take place anywhere the parties agree. Our arbitrators are happy to travel.
  • It is quick. Subject to the arbitrator’s availability, the timetable is in the hands of the parties.
  • It is confidential.

Although arbitration may seem more expensive than the court process because the parties have to pay the arbitrator, the saving of time and the ability to agree procedure will mean that in many cases there is an overall saving of cost: especially (but not only) if many issues are agreed and the arbitration is limited in scope.

Not all disputes are suitable for arbitration because an arbitrator does not have all the powers a Judge has. This needs to be looked at on a case-by-case basis. The Forum of Family Arbitrators has produced a quick guide to arbitration that you can view here.

Please contact the Senior Clerk, James Shortall, for further information.

Select a Barrister

"The clerks' room, headed by senior clerk James Shortall, is exceptionally well managed.... an excellent, friendly bunch"

Chambers & Partners

Alexa Storey-Rea

  • Call 1990

Areas of Expertise

Children Law
Family law (general)

Dafydd Griffiths

  • Call 1997

Areas of Expertise

Family Finance
Children Law
Family law (general)

Piers Pressdee QC

  • Call 1991 Silk 2010

Areas of Expertise

Children Law

Paul Storey QC

  • Call 1982 Silk 2001

Areas of Expertise

Children Law

Dispute Resolution

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Coronavirus (COVID-19)

Having carefully considered the new government guidance in light of the England-wide lockdown from Thursday 5th November 2020 we have decided that in order for chambers to continue to work effectively our buildings will remain open, as at present, for those socially-distanced conferences, round-table meetings, private FDRs, arbitrations, and remote court hearings that cannot effectively or properly be held wholly remotely.

Please note the following:

These measures will be kept under review and updated in accordance with government guidance.

A copy of our full risk-assessment is available on request.

We continue to offer a full remote service to all our professional and lay clients using all virtual platforms (including Zoom, Teams, and Lifesize).

We will continue to work closely with the senior judiciary, FLBA and Resolution to promote remote and ‘hybrid’ court hearings and non-court dispute resolution.

If you have any questions or concerns please email clerks@29br.co.uk or telephone +44 (0)20 7404 1044.