In an important decision for the conduct of international arbitration in London, the UK Supreme Court in its judgment in Jivraj v Hashwani (27 July 2011) has ruled that arbitrator appointments do not create an employment relationship for the purposes of anti- discrimination legislation. The effect of this decision is to uphold the right of parties to require that their arbitrators should be of a neutral nationality and/or have particular characteristics which would be deemed to be discriminatory were the relationship to be classified as one of employment.

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