S v S
Where parties have agreed to be bound by an arbitral award under the IFLA Scheme and jointly seek approval of a consent order reflecting that award, the court should approve the order unless there is a compelling reason not to, respecting party autonomy and the integrity of the arbitral process.
Source-derived case information.
- Parties
- Petitioner: S; Respondent: S
- Jurisdiction
- England and Wales
- Judgment Date
- 14 January 2014
- Procedural Posture
- Family Financial Remedy / Application for Approval of Consent Order Following Arbitration
- Outcome
- consent order approved
- Legal Topics
- Arbitration in Family Financial Proceedings, Approval of Consent Orders, Party Autonomy, Notice to Show Cause Procedure
Source-derived case record
Summary, issues, holding and outcome
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Parties
S
Petitioner
S
Respondent
Procedural Posture
Family Financial Remedy / Application for Approval of Consent Order Following Arbitration
Legal Issues
- 1 Should the court approve a consent order reflecting an arbitral award under the IFLA Scheme?
- 2 What is the proper judicial approach to applications for consent orders following arbitration in family financial disputes?
Ratio Decidendi
Where parties have agreed to be bound by an arbitral award under the IFLA Scheme and jointly seek approval of a consent order reflecting that award, the court should approve the order unless there is a compelling reason not to, respecting party autonomy and the integrity of the arbitral process.
Court Disposition
consent order approved
Orders
- Consent order reflecting the arbitral award approved as lodged.
- Parties may use streamlined process for approval of consent orders in similar cases.
Full Case Text
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