Podcast Location:
Download it here [file size: 33 MB]
Categories:
Employment Law
ADR & Mediation
CPD Points:
Up to 1 point. details »

Due to the difference in guidelines between the SRA and the Bar Standards Board, CPD points are awarded differently for Solicitors, Barristers and Legal Executives:

Regulated by the Solicitors Regulation Authority:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Regulated by the Bar Standards Board:
Listen and pass the quiz: Gain 1 accredited CPD point (60 minutes)

Regulated by ILEX:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Cost:
  • FREE
Length:
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Contributor(s):
Course Aims:

This podcast aims to give the listener an overview of the controversial decision in Jivraj v Hashwani. It looks at why this case has attracted so much attention and discusses the possible reasons that the key issues before the court were decided differently in the Commercial Court and the Court of Appeal. In this podcast a number of employment law concepts and their applicability to arbitration and arbitrators are explored. The effect that clauses infringing discrimination legislation will have when incorporated into an arbitration agreement is also discussed. Finally, this podcast adresses the pending Supreme Court decision and the impact that this case will have both on London as an arbitral centre and on this area of law.

Outcomes:
After completing the course you will:
  • Understand the potential impact of the Jivraj case on dispute resolution;
  • Appreciate why this case has attracted attention in the arbitration community;
  • Be aware of the key issues before the court;
  • Recognise the differing approaches of the Commercial Court and the Court of Appeal;
  • Understand the impact equality legislation has had on this area of law;
  • Know about the status of this case before its Supreme Court ruling;
  • Appreciate the potential impact this case may have on London's status as an arbitral centre.
Level:
General Interest Difficulty: 2 of 5
Classification:
Case Update
Sources and References:
  • Jivraj v Hashwani [2010] (EWCA) Civ 712;
  • Equality Act 2010;
  • Employment Equality (Religion or Belief) Regulations 2003 (SI 2003/1660).
Tags:

The case of Jivraj v Hashwani has caused a stir in the arbitration community due to its unexpected Court of Appeal ruling and its potentially far-reaching impact on this area of law. Deborah Ruff and Matthew Page from law firm Dewey & LeBoeuf analyse this case and its possible consequences on international disputes.

Podcast added: 13/04/11

NB: Since this podcast was recorded the Supreme Court (Jivraj (Appellant) v Hashwani (Respondent) [2011] UKSC 40) has confirmed that an arbitrator is not a person employed under a contract personally to do work within the meaning of the Regulations, which do not therefore apply. The Court also found that the Requirement would have fallen within the exception for genuine occupational requirements if the Regulations had applied.

Podcast last reviewed: 2011-07-27

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