DB v DLJ

DB v DLJ

The wife's grounds for resisting the arbitral award—mistake as to the value of the Portuguese property and a subsequent planning refusal—do not meet the threshold for setting aside the award. The planning refusal was foreseeable and does not invalidate the award, and the wife did not exercise due diligence to discover the true position. Moreover, any loss can be addressed by the safety net of periodical payments. Therefore, the arbitral award should be made an order of the court.

Parties
Applicant: DB; Respondent: DLJ
Jurisdiction
England and Wales
Judgment Date
24 February 2016
Procedural Posture
Family Financial Remedy / Arbitration Enforcement / Judgment on Application to Show Cause Why Arbitral Award Should Not Be Made an Order of the Court
Outcome
Application granted; arbitral award made an order of the court.
Legal Topics
Enforcement of Arbitral Awards, Setting Aside Arbitral Awards, Mistake, Supervening Events (barder Events), Financial Remedies on Divorce
Family Law Arbitration Enforcement of Arbitral Awards Setting Aside Arbitral Awards Mistake Supervening Events (barder Events) Financial Remedies on Divorce

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Parties

DB

Applicant

DLJ

Respondent

Procedural Posture

Family Financial Remedy / Arbitration Enforcement / Judgment on Application to Show Cause Why Arbitral Award Should Not Be Made an Order of the Court

Legal Issues

  1. 1 Whether the arbitral award should be incorporated as a court order despite the respondent's objections based on mistake or supervening event
  2. 2 Whether a fall in value of property allocated to the wife constitutes a vitiating mistake or Barder event justifying refusal to make the award an order of the court

Ratio Decidendi

The wife's grounds for resisting the arbitral award—mistake as to the value of the Portuguese property and a subsequent planning refusal—do not meet the threshold for setting aside the award. The planning refusal was foreseeable and does not invalidate the award, and the wife did not exercise due diligence to discover the true position. Moreover, any loss can be addressed by the safety net of periodical payments. Therefore, the arbitral award should be made an order of the court.

Court Disposition

Application granted; arbitral award made an order of the court.

Orders

  • The arbitral award as drafted by Mr Smith is made an order of the court.
  • The husband is granted permission to make the Decree Nisi absolute.