Originally from Baker & McKenzie International Arbitration Yearbook: 2011-2012

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UNITED KINGDOM

Edward Poulton, Kate Corby, Fiona Lockhart and Katherine Wilde

A. LEGISLATION, TRENDS AND TENDENCIES

International arbitration in England and Wales4 continues to be governed by the Arbitration Act 1996 (the “Arbitration Act”), to which no legislative amendment was made in 2011.

B. CASES

B.1 Legality of Arbitration Agreements

B.1.1. Jivraj v. Hashwani [2011] UKSC 40

The English Supreme Court has overturned the decision of the
Court of Appeal (reported in the 2010 edition of this publication)
by ruling that a requirement in an arbitration clause that
arbitrators must be from the Ismaili Muslim community was not
unlawful. The Supreme Court held that an arbitrator is not an
employee within the meaning of the Employment Equality
(Religious and Belief) Regulations 2003 (the “2003 Regulations”)
and that, even if the 2003 Regulations had been applicable, the
requirement would have fallen within the “genuine occupational
requirement” exception in regulation 7(3) of the 2003 Regulations.