In the case of S v S  the parties agreed to attend arbitration to resolve the financial aspects of their Divorce. They signed the institute of Family Law Arbitrators (IFLA) form ARB1, which meant that the parties were bound by the Arbitrator’s Decision, known as an award.
Following the Arbitrator’s award, the parties made an Application to the Court for approval of a Consent Order, which had been drafted so as to give effect to the award made by the Arbitrator.
The Court considered what approach to take in cases which involved arbitration under the IFLA scheme and held that where parties had bound themselves to accept the award, the Court should approve the Consent Order which would put the award into effect unless there is a compelling factor which indicates that there was a fundamental wrongdoing in the arbitral process. In this case the Court approved the Consent Order.
The Court further held that in every case the parties should lodge with the Court the agreement to arbitrate together with the Arbitrator’s award, so that these can be considered by the Judge.