‘A Practical Guide to Arbitration in Proceedings Concerning Children’ by Mani Singh Basi & Zubair Dharamsi

Description

As the family courts continue to face increasing delay, arbitration has emerged as one of the most significant developments in private children law. Recent amendments to the Family Procedure Rules have reinforced the importance of non-court dispute resolution, yet arbitration remains the only process capable of delivering a binding determination outside the court system. Despite its growing relevance, many practitioners remain unfamiliar with when arbitration is appropriate, how the process operates, and the strategic advantages it can offer to families.

A Practical Guide to Arbitration in Proceedings Concerning Children provides the first comprehensive, practice-focused guide to this rapidly developing area of family law. Combining the relevant statutory framework, the Institute of Family Law Arbitrators (IFLA) Scheme Rules, leading authorities and practical guidance, the book takes readers through every stage of the arbitration process, from identifying suitable cases and commencing proceedings, through case management, evidence and safeguarding, to drafting orders, enforcement and the limited circumstances in which an arbitral determination may be challenged.

Covering domestic child arrangements, internal relocation and international relocation disputes, the book explains both the opportunities and limitations of arbitration, alongside its relationship with court proceedings and other forms of non-court dispute resolution. Practical precedents, checklists and drafting guidance make this an essential day-to-day resource for busy practitioners seeking to advise clients confidently and efficiently.

Written from the combined perspectives of an experienced solicitor, barrister and part-time judge, this book offers readers not only a clear explanation of the law but also practical insight into how arbitration works in reality. It will be an invaluable reference for family practitioners, arbitrators, mediators and judges seeking to make effective use of one of the most important developments in modern children law.

ABOUT THE AUTHORS

Mani Singh Basi is a barrister who specialising in proceedings relating to children, including private law disputes over child arrangements, relocation and safeguarding. He has authored a number of books, including: A Practical Guide to Expert Evidence in Proceedings Concerning Children; A Practical Guide to Exercising the Inherent Jurisdiction in Family Law Proceedings; A Practical Guide to the Participation of Children in Family Law Proceedings; and A Practical Guide to ‘Stranded Spouses’ in Family Law. He is regarded as a commentator in areas concerning family law and has over the years won a number of prestigious awards.

Zubair Dharamsi is a Partner and Head of the Family Law Department at Rose & Rose, Kingston Upon Thames. He joined the firm in 2014 and was admitted as a Solicitor in 2016, having studied law at Kingston University and completed the LPC at BPP Waterloo. His practice spans the full range of family law, with particular experience in child arrangements disputes, relocation and international relocation cases, and the interplay between children matters and cross-jurisdictional family breakdown, alongside broader divorce, separation and financial remedy work. Zubair has also completed a Professional Certificate in Islamic Family Law, giving him particular insight into cases where cultural or religious considerations shape arrangements for children following separation.

CONTENTS

Chapter One – Why Arbitrate, Why Now?
Chapter Two – The Legal Framework
Chapter Three – What Can and Cannot Be Arbitrated
Chapter Four – Getting Started
Chapter Five – Running the Arbitration
Chapter Six – Domestic Children Arrangements
Chapter Seven – Internal Relocation Within England and Wales
Chapter Eight – International Relocation
Chapter Nine – From Determination to Order
Chapter Ten – Challenging a Determination
Chapter Eleven – Arbitration Alongside Other Dispute Resolution and Hybrid Models
Chapter Twelve – Conclusion, Key Takeaways
Further Reading and Resources
Appendix: Precedents and Checklists