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Haley v Haley: family law arbitration and the new frontier of private ordering

Heenan, Anna ORCID: 2021. Haley v Haley: family law arbitration and the new frontier of private ordering. Modern Law Review 84 (6) , pp. 1385-1398. 10.1111/1468-2230.12638

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Haley v Haley [2020] EWCA Civ 1369 is required reading for anyone interested in family law dispute resolution or issues of access to justice. The case concerns family arbitration and considers the test that should apply when challenging an arbitrator’s decision. The judgment is important for several reasons. First, it changes the test for challenging arbitral awards, making it easier to do so. This is connected to concerns about making arbitration more appealing in the family law context, which has implications for family law dispute resolution more broadly. Whilst separating couples have always been encouraged to settle outside of the court process, connected to an idea of private ordering, Haley marks an important new frontier. Whereas diverting cases from court has always been an inherent concern of private ordering, until now private ordering was also intended to ensure substantively better outcomes. This is no longer the case, and the attempt to divert more cases to arbitration in this judgment may compound existing issues of access to justice.

Item Type: Article
Date Type: Publication
Status: Published
Schools: Law
Publisher: Wiley
ISSN: 0026-7961
Date of First Compliant Deposit: 5 March 2021
Date of Acceptance: 3 March 2021
Last Modified: 11 May 2023 01:24

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