Jivraj v. Hashwani – England's Highest Court Supports Autonomy and Flexibility in Arbitration

July 2011
Phillip Capper, Paul Cowan, Jason Yardley

DOWNLOAD PDF

Last year, the English Court of Appeal's decision in Jivraj v Hashwani sparked widespread concern among many in the arbitration community that "nationality" provisions in arbitration clauses (including those in the ICC and LCIA Rules, incorporated by reference into countless contracts) might be void under English law, in relation to appointments made in the UK. The UK Supreme Court has today removed this concern, by confirming that arbitrators are not "employees" within the meaning of UK and EU discrimination legislation. The decision will be welcomed by practitioners and users of arbitration, and will assist London's position as a leading seat of choice for international arbitration.

---

This Client Alert is provided for your convenience and does not constitute legal advice. It is prepared for the general information of our clients and other interested persons. This Alert should not be acted upon in any specific situation without appropriate legal advice, and it may include links to websites other than the White & Case website. White & Case LLP has no responsibility for any websites other than its own, and does not endorse the information, content, presentation or accuracy, or make any warranty, express or implied, regarding any other website.

This Client Alert is protected by copyright. Material appearing herein may be reproduced or translated with appropriate credit.

© 2011 White & Case LLP