In June 2010 the Court of Appeal’s decision in Jivraj v Hashwani caused dismay in the arbitration community. Does an arbitration agreement which provides criteria for the appointment of arbitrators risk falling foul of the Employment Equality (Religion or Belief) Regulations 2003 (the “Regulations”) or other UK anti-discrimination law? The Supreme Court judgment of 27…

The Supreme Court has arrived at what almost all arbitration practitioners and clients will view as the right result in the strange episode of Jivraj v Hashwani. The Supreme Court has unanimously allowed the appeal on the basis that an arbitrator is not an employee of the parties for the purposes of the Employment Equality…