Arbitration

The essential questions in relation to regs 2 and 6 of the Employment Equality (Religion or Belief) Regulations 2003 (SI 2003/1660), were whether, on the one hand, the person concerned performed services for and under the direction of another person in return for which he or she received remuneration or, on the other hand, he or she was an independent provider of services who was not in a relationship of subordination with the person who received the services.

Those were broad questions which depended upon the circumstances of the particular case and upon a detailed consideration of the relationship between the parties. The Regulations were not applicable to the selection, engagement or appointment of arbitrators, and accordingly the requirement in an arbitration agreement that the arbitrators should be members of the Ismaili community did not render the agreement void or unenforceable.