Awards, England, English Arbitration Act, English courts, Procedural Order, Set aside an arbitral award

, (Herbert Smith Freehills LLP)/ /1 Comment
Herbert Smith Freehills

The English High Court (the Court) has recently issued two judgments clarifying its approach to determining whether a decision by an arbitral tribunal is an award or a procedural order. A few months ago in ZCCM Investment Holdings PLC v Kansanshi Holdings PLC & Anor (ZCCM), the Court identified a list of factors that it…

Appointment of arbitrators, Arbitration Agreements, Arbitrators, English Law

(Herbert Smith Freehills LLP)/ /2 Comments
Herbert Smith Freehills

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…

Arbitration, Arbitration Agreements, Arbitrators, Ismaili community

(Herbert Smith Freehills LLP)/ /2 Comments
Herbert Smith Freehills

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…