Discrimination in Arbitrator Selection: How Far Is Too Far?

Abstract

This paper uses the United Kingdom Supreme Court decision of Jivraj v Hashwani as a springboard for a discussion of the rights of parties to select arbitrators that have the same religion or ethnicity as them. This paper looks at arbitrator selection more generally and the limitations acting upon parties when they select their arbitrators. These limitations include domestic and international public policy and Human Rights legislation. It concludes that parties should be able to select arbitrators with the same ethnicity or religious affiliation as them. This is because it allows parties to continue customary dispute resolution practices that their cultures have been practicing for thousands of years and allows cultures to self-determine in a globalised world by receiving arbitral judgments that apply customary law and or are sensitive to the traditions and viewpoints of these cultures.