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International Litigation in London

Arbitrator not an employee

The Supreme Court has reversed the decision of the Court of Appeal in Nurdin Jivraj v Sadruddin Hashwani [2011] UKSC 40, which was reported in the last issue of this newsletter. The Court of Appeal had confirmed a first instance decision that an arbitrator was employed to provide a service and contracted to do the work personally, and that accordingly Regulation 7 of the Employment Equality (Religion or Belief) Regulations 2003 applied.

The case involved an arbitration agreement which had stipulated that the arbitrators had to be members of the Ismaili community and for them to be respected members of the community and holders of high office within it.

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