This case note considers the implications flowing from the decision of the Court of Appeal in Jivraj v Hashwani in which the court, overturning Steel J, found that the anti-discrimination provisions contained in the Employment Equality (Religion and Belief) Regulations 2003 applied to the appointment of arbitrators and that there was no applicable exception, as a result of which the arbitration agreement was unlawful and therefore void. The note also considers the wider potential implications that arise from the decision as a result of the coming into effect of the Equality Act 2010 and, in particular, the manner in which this might affect the decision of parties as to whether to agree to arbitrations subject to English law or having this jurisdiction as the seat of the arbitration.
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