The UK Supreme Court will hear the appeal of the Court of Appeal's decision in Jivraj v Hashwani [2010] EWCA Civ 712, on 6 and 7 April 2011, after the appeal previously scheduled to be heard then was settled. The Jivraj appeal was originally expected to be heard in late 2011.

In June 2010, the Court of Appeal held that arbitrators are employees for the purposes of the Employment Equality (Religion or Belief) Regulations 2003 (SI 2003/1660), and that the requirement in the arbitration clause for the arbitrator to be a member of the Ismaili community was unlawful. There is widespread concern within the arbitration community that the decision could affect arbitration agreements placing restrictions on the nationality of individuals who may be appointed as arbitrators. This includes agreements which incorporate institutional rules that contain nationality provisions (such as the ICC and LCIA Rules).

The ICC and LCIA have both been granted leave to intervene in the hearing.

For further discussion, see:

Source: Supreme Court