Qualifications

The Arbitration Act 1996 recognises arbitrations conducted in accordance with religious law. The further question in Jivraj v Hashwani [2009] EWHC 1364 (Comm) was whether it was permissible in English law to require a religious qualification from the arbitrators. Mr Justice David Steel ruled that the principle of party autonomy in the Arbitration Act 1996 was paramount, and that there was nothing in either employment legislation or human rights principles which prevented the parties from so agreeing.

Jivraj: the facts

The parties were both members of the Ismaili community, a part of the Shia branch of Islam and headed by the Aga Khan. In 1981 the parties established a joint venture with the purpose of investing in land in a number of jurisdictions, particularly in Canada, Pakistan, the USs and the UK. The arbitration clause in the joint venture agreement provided that any dispute was to be ‘referred to three arbitrators (acting by a majority) one to be appointed by each party and the third arbitrator to be the President of the H.H. Aga Khan National Council for the United Kingdom for the time being. All arbitrators shall be respected members of the Ismaili community and holders of high office within the community.’