Freedom to choose

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