Jivraj v Hashwani

Jivraj v Hashwani

The requirement that all arbitrators be members of the Ismaili community is valid and enforceable. The Employment Equality (Religion or Belief) Regulations 2003 do not apply to arbitrators, and even if they did, the requirement is justified as a genuine occupational requirement reflecting the religious ethos of the parties. The Human Rights Act 1998 does not invalidate the clause, and there is no public policy ground to do so. If the requirement were invalid, the entire arbitration clause would be void and not severable.

Parties
Claimant: Nurdin Jivraj; Defendant: Sadruddin Hashwani
Jurisdiction
England and Wales
Judgment Date
26 June 2009
Procedural Posture
Commercial Arbitration/contractual Dispute / Judgment on Preliminary Applications Regarding Validity of Arbitration Clause
Outcome
Claim dismissed; arbitration clause upheld
Legal Topics
Religious Discrimination, Arbitrator Qualifications, Severance of Contractual Terms, Public Policy, Waiver of Rights
Arbitration Contract Law Employment Law Human Rights Religious Discrimination Arbitrator Qualifications Severance of Contractual Terms Public Policy +1 more

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Parties

Nurdin Jivraj

Claimant

Sadruddin Hashwani

Defendant

Procedural Posture

Commercial Arbitration/contractual Dispute / Judgment on Preliminary Applications Regarding Validity of Arbitration Clause

Legal Issues

  1. 1 Does the Employment Equality (Religion or Belief) Regulations 2003 apply to the appointment of arbitrators under the JVA?
  2. 2 Is the requirement that arbitrators be Ismaili discriminatory and unlawful?
  3. 3 Is such discrimination justified under Regulation 7?

Ratio Decidendi

The requirement that all arbitrators be members of the Ismaili community is valid and enforceable. The Employment Equality (Religion or Belief) Regulations 2003 do not apply to arbitrators, and even if they did, the requirement is justified as a genuine occupational requirement reflecting the religious ethos of the parties. The Human Rights Act 1998 does not invalidate the clause, and there is no public policy ground to do so. If the requirement were invalid, the entire arbitration clause would be void and not severable.

Court Disposition

Claim dismissed; arbitration clause upheld

Orders

  • Declaration that the requirement for arbitrators to be Ismaili is valid and enforceable under the JVA.
  • Mr Hashwani is not at liberty to appoint a non-Ismaili arbitrator.