Jivraj v. Hashwani – England’s Highest Court Supports Autonomy And Flexibility In Arbitration

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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.

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