As discussed in our previous article, arbitration is a non-judicial process in which parties can reach a resolution in their property proceedings. Parents cannot use this remedy for parenting matters and it may not be suitable for all Family Law matters. A resolution reached through arbitration (arbitral award) is however binding and enforceable on the parties. In a similar fashion to a Court Order. And as such appealing an arbitration be difficult.

The first step of appealing an arbitration award

If you have chosen to arbitrate your matter and have undertaken the process and received an arbitral award that you are not happy with or feel is unjust we highly recommend seeking legal advice immediately. After receiving the award, either party can register it with the court. If a party is dissatisfied with the decision, they have 28 days to contest the registration by presenting arguments as to why the award should not be registered.

Arbitration award reviews

This review is typically only available on the basis that an Arbitrator has made an error of law. For example, you cannot appeal an award simply on the basis that you did not ‘win,’ Or similarly, if you feel the resolution is unfair or unjust. However, this error of law can include a decision that is:  Firstly, based on fraud. Secondly, void, voidable or unenforceable. Thirdly, impacted by bias. Fourthly. been affected by a lack of procedural fairness. Or finally, no longer practical in your present situation due to a change in circumstances.

What is both parties disagree on an arbitration award?

Ultimately, If both parties feel that the award is unfair, appealing an arbitration order would be unnecessary. Instead, they simply do not have to register the decision with the Court and the award does not take effect.  We highly recommend seeking legal advice from our Family Lawyers if you are considering appealing an arbitration award to solve your dispute. To discuss your Family Law matter and find the best option for you, please contact our Sydney Family Law team on 02 9891 6388 

New South Lawyers’ communications are intended to provide commentary and general information. To that end, people should not rely on this communication as legal advice. Accordingly, they should seek formal legal advice for matters of interest arising from this communication.

To find out more, chat with a member of New South Lawyers' Family Law Team today.