Appointment of arbitrators, Arbitration, Arbitration Act, Arbitration Agreements, Arbitration clause, Arbitration Institutions and Rules, Arbitrators, arbitrators’ conduct, Dispute Resolution, Dispute resolution clause, English Law, ICC Arbitration, International arbitration, Ismaili community, Nationality requirement in arbitration clauses, Pro arbitration, Supreme Court

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In this post, we will first deal briefly with the facts in the case of Jivraj v Hashwani and the findings of the first instance judge and the Court of Appeal, which by now would be very familiar to anyone reading this blog. We will then look at the Supreme Court’s judgment ([2011] UKSC 40),…

Arbitration, Commercial Arbitration, Supreme Court

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There was no shortage of coverage of the recent English Supreme Court case Jivraj v Hashwani, the case concerning whether an arbitration clause was contrary to anti-discrimination legislation applicable to employees. But there was one issue which received little attention before the Supreme Court – whether or not the nature of the relationship between the…

New York Convention, Public Policy

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The public policy exception under Article V(2)(b) of the New York Convention is well recognised as the amorphous exception. To the extent it has been capable of definition, it has been found to embrace nebulous concepts such as a state’s most basic notions of morality and justice. No doubt it is for this reason that…