header-logo header-logo

02 September 2011 / Shainul Kassam
Issue: 7479 / Categories: Features , Procedure & practice , Arbitration
printer mail-detail

Freedom to choose

Shainul Kassam examines the impact of Jivraj on community mediation

The Supreme Court recently delivered a landmark ruling on the appeal in the case of Jivraj v Hashwani [2011] UKSC 40, [2011] All ER (D) 246 (Jul). The court heard submissions from both parties, along with representations made by the International Chamber of Commerce (ICC), London Court of International Arbitration (LCIA) and an Ismaili mediation and arbitration institution, the His Highness Prince Aga Khan Shia Imami Ismaili International Conciliation and Arbitration Board, as interveners. The facts of the case in brief are as follows:

Joint venture agreement

Jivraj and Hashwani, both members of the Ismaili community, entered into a joint venture agreement in January 1981 which provided that if a dispute arose between them they would appoint arbitrators from the Ismaili community to resolve the dispute. When a dispute did indeed arise, Hashwani informed Jivraj that he wished to appoint Sir Anthony Coleman as arbitrator. Sir Anthony was not from the Ismaili community. Jivraj then sought and won a declaration by the High Court that the purported appointment was invalid. Hashwani then

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
From gender-critical speech to notice periods and incapability dismissals, employment law continues to turn on fine distinctions. In his latest employment law brief for NLJ, Ian Smith of Norwich Law School reviews a cluster of recent decisions, led by Bailey v Stonewall, where the Court of Appeal clarified the limits of third-party liability under the Equality Act
Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
back-to-top-scroll