What happens if a family arbitrator makes an error of law in the award?
An error of law is generally one of the recognized grounds for challenging a family arbitration award, though how much room there is to raise it can depend on what the parties agreed to in their arbitration agreement about appeal rights. Unless the arbitration agreement expressly restricts or excludes appeal rights, a party who believes the arbitrator misapplied or misunderstood the applicable legal test, for example around the best-interests analysis or a support calculation, may be able to bring that error before a court for review with leave.
This is different from simply disagreeing with how the arbitrator weighed the facts or exercised judgment within the correct legal framework; a true error of law involves applying the wrong test or legal principle altogether, not just reaching a conclusion one party dislikes. Because the line between a legal error and a factual or discretionary disagreement isn't always obvious, and because the specific arbitration agreement can affect what's even available to challenge, anyone who believes the arbitrator got the law wrong should get legal advice quickly to assess whether a genuine legal error exists and what the realistic options are.
Key takeaways
- An error of law is a recognized ground to challenge a family arbitration award.
- The arbitration agreement's terms affect how much room there is to raise this ground.
- A true legal error differs from simply disagreeing with the arbitrator's factual findings.
- Get legal advice quickly to assess whether a genuine legal error exists in your case.