*H v W

Divorce – Arbitration. The husband's application, under ss 68 and 69 of the Arbitration Act 1996, to vary an amended arbitration award by removing the award of spousal maintenance, was dismissed. The Family Division held that s 69 concerned an appeal in relation to an error of law, whereas the husband's complaints concerned the arbitrator's conduct of the arbitration and his assessment of income and needs. Further, the court ruled that there had been no serious irregularity, within the meaning of s 68, justifying remission or setting aside of the amended award. The court considered the limits on when an arbitrator could amend an award under AA 1996 s 57 and held that the husband was wrong to suggest that any error, on the part of arbitrator, in assessing income, should have been corrected in the husband's favour under s 57. The claimed errors did not fall within s 57 and the arbitrator had not erred in making the amended award. Further, the wife's application to show cause was allowed and the court held that the amended award would be made into an order of the court.

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