H v W

H v W

The arbitrator's amendment of the award did not fall within section 57 as it involved reconsideration rather than correction of an accidental slip or omission. However, no substantial injustice was caused to either party, and the threshold for intervention under section 68 was not met. The amended award stands and is to be made an order of the court.

Parties
Applicant: H; Respondent: W
Jurisdiction
England and Wales
Judgment Date
17 July 2019
Procedural Posture
Arbitration Related Financial Dispute (post Divorce) / Judgment on Applications to Set Aside/amend Arbitral Award and to Show Cause for Making Award a Court Order
Outcome
Applications under sections 68 and 69 dismissed; amended arbitral award to be made an order of the court; costs to follow the event.
Legal Topics
Arbitration Award Correction, Spousal Maintenance, Pension Sharing, Division of Assets, Serious Irregularity Under Arbitration Act 1996, Appeal for Error of Law
Family Law Arbitration Arbitration Award Correction Spousal Maintenance Pension Sharing Division of Assets Serious Irregularity Under Arbitration Act 1996 Appeal for Error of Law

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Parties

H

Applicant

W

Respondent

Procedural Posture

Arbitration Related Financial Dispute (post Divorce) / Judgment on Applications to Set Aside/amend Arbitral Award and to Show Cause for Making Award a Court Order

Legal Issues

  1. 1 Whether the arbitrator exceeded powers in amending the award under section 57 of the Arbitration Act 1996
  2. 2 Whether the amended award should be remitted, set aside or varied under sections 68 and/or 69 of the Arbitration Act 1996
  3. 3 Whether the parties were afforded reasonable opportunity to make representations

Ratio Decidendi

The arbitrator's amendment of the award did not fall within section 57 as it involved reconsideration rather than correction of an accidental slip or omission. However, no substantial injustice was caused to either party, and the threshold for intervention under section 68 was not met. The amended award stands and is to be made an order of the court.

Court Disposition

Applications under sections 68 and 69 dismissed; amended arbitral award to be made an order of the court; costs to follow the event.

Orders

  • Amended arbitral award (dated 3 February 2019) made an order of the court, with spousal maintenance set at £300 per month.
  • W awarded costs of the applications, to be assessed summarily.