In the case of Jivraj v Hashwani ([2010( EWCA Civ 712), the U.K. Court of Appeal held that an arbitration agreement which provided that only persons of a certain religious belief could act as arbitrator was held to be void. The court held that arbitrators fall within the scope of English anti-discrimination employment legislation in relation to religion and belief (the Employment Equality (Religion or Belief) Regulations 2003).
The Court of Appeal’s finding that arbitrators fall within the scope of employment legislation and by implication employees has raised a number of questions; not least as such characterisation is inconsistent with many of the functions and duties of arbitrators under the U.K. Arbitration Act 1996.
Both parties appealed the Court of Appeal`s decision to the Supreme Court. The broader potential implications of the case have generated considerable discussion within the international legal community and the decision is expected during the autumn of 2011.
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Theodorou Law Firm is a Cyprus law firm with Cyprus lawyers and other legal experts on legal matters involving Cyprus law, EU law and international law. The above should be used as a source of general information only. It is not intended to give a definitive statement of the law.