Why is this scheme needed?

In many complex disputes involving parties from different countries, each currently residing in yet another country in some cases, it can be very difficult to decide on the correct jurisdiction in which to decide the case. Which ‘forum’ is decided upon can be very important to the outcome, particularly in divorce cases.

Previously, the only way to decide on a jurisdiction was litigation – cases which could last for a significant amount of time while also being very expensive for everyone involved.

The IFLAS plan will hopefully save time, money and stress for families involved in multi-national disputes, and their lawyers. It is also designed to streamline the process, make it fairer for all parties and reduce pressure on the courts.

What’s proposed?

IFLAS aims to replace expensive, lengthy litigation with arbitration, an alternative dispute resolution technique taking place outside of the courts. It works in a similar way to mediation, which also aims to resolve disputes outside of the courts. A specially trained legal professional from a third country (i.e. not one with any relation to either party’s country of origin or residence) will conduct the arbitration, which will be completely private. The aim is to establish which ‘forum’ the couple have the closest connection with, and decisions made during IFLAS arbitration will be legally binding.

Lawyer Patrick Parkinson, who helped to develop the scheme, explained at an annual conference in Boston:

“The use of an arbitrator from a third country is a key part of the Scheme. At the moment, forum disputes are heavily skewed to whichever party is able to manoeuvre the forum dispute to be heard in their country.Having a third country arbitrator is like having an umpire in a sports event who is not from either of the competing countries.This is impossible under any national justice system, but for the first time is possible with IFLAS.”

Another benefit of IFLAS is that with the chance to argue their case fairly, privately and without the need for vast resources for litigation, whichever side fails to secure their choice of jurisdiction is less likely to feel hard done by.

Involved in a family law dispute?

If you’re involved in a dispute with an international element, such as a divorce where a spouse wishes to relocate children to a different country, it is vital to have an expert on your side.

The team at Tracey Miller Family Law includes specialists in international family law, with experience in everything from domestic relocation cases to those which cross international borders. Contact us, a well-respected Wirral and Liverpool family law firm, for help on your case.