Party Autonomy and Arbitrator Nationality: Jivraj V Hashwani Analysed

Development summary

Ayşe Tuğba Özkarsligil examines the limits of party autonomy in the appointment of arbitrators through Nurdin Jivraj v Sadruddin Hashwani. The central issue is whether an arbitration clause requiring an arbitrator to belong to a particular religious community could be regarded as discriminatory and unlawful. The English Court of Appeal held that the condition rendered the arbitration clause void.

The Supreme Court of the United Kingdom overturned that decision and upheld the parties’ freedom to specify their arbitrators. The analysis distinguishes impartiality and independence from neutrality, which relates to an arbitrator’s nationality, and considers the decision’s clarification of nationality, employment and retrospectivity issues in contracts governed by UK law.