Financial remedy arbitrations – now a very appealing prospect? Matthew Brunsdon Tully writes for Solicitors Journal
Family Partner, Matthew Brunsdon Tully, has authored an article for Solicitors Journal entitled ‘Financial remedy arbitrations – now a very appealing prospect?‘.
Using case studies, Matthew highlights that while it used to be hard to appeal a financial remedies arbitral award, arbitration is now very ‘appealing’.
He explains that “family arbitration is simply not like other forms of arbitration, due to the highly specific and discretionary way in which the court considers (and must consider) the statutory factors before exercising its discretion in a fair way when dividing assets and apportioning income a divorce. Therefore, as a result of the court having to perform that statutory obligation in every case, it must be possible to appeal within the court system”.
The full article can be read here, behind the paywall.