Discrimination in the Appointment of Arbitrators - Jivraj v Hashwani (2010)
- Podcast Location:
- Download it here [file size: 21.4 MB]
- Part of:
- Interesting Issues in Arbitration CPD Training Bundle
- Categories:
-
Employment Law
ADR
- CPD Points:
- Up to 1 point. details »
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- Length:
- 30 minutes of audio
(+ optional 5 minute online quiz) - Plays on Computer:
- Yes Downloadable as MP3: Yes
- Contributor(s):
- Course Aims:
This podcast is aimed at those who work in arbitration or who draft arbitration agreements or those interested in discrimination law generally. The podcast aims to set out the facts and rationale behind the 2010 case of Jivraj v Hashwani in which the Court of Appeal extended the protection of anti-discrimination law to arbitrators. This podcast aims to examine the rationale behind this judgment, assessing its potential impact on both the domestic and international arbitration community.
- Outcomes:
- After completing the course you will:
- Understand the facts of Jivraj v Hashwani;
- Understand the basis on which it was argued that the selection of an arbitrator was contrary to anti-discrimination law;
- Be aware of the scope of the protection afforded by the (Religion or Belief) Regulations 2003;
- Understand the meaning of ‘employee’ for the purposes of the Equality Act 2010;
- Have considered whether arbitrators can properly be termed employees;
- Understand why there are concerns among the arbitration community that this decision will be widened to encompass nationality;
- Be aware of the international practice of discriminating on grounds of nationality within institutional rules when selecting arbitrators;
- Understand what implications the decision may have for those who draft discriminatory selection criteria into arbitration agreements.
- Level:
- Intermediate
- 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);
- Knight v Attorney General [1979] ICR 194;
- Perceval Price v Dept of Economic Development [2000] IRLR 380;
- Department for Constitutional Affairs v O'Brien [2008] EWCA Civ 1448.
This podcast is about the recent litigation in Jivraj v Hashwani (2010) concerning the role and status of an arbitrator and the extent to which arbitrators are caught within the UK’s anti-discrimination legislation. This Court of Appeal decision impacts on arbitration agreements which place restrictions on the nationality of arbitrators, whether expressly or by way of incorporation of many of the commonly used institutional arbitration rules. This podcast examines the rationale behind the decision and its potential impact.
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: 2011-08-30
