Considering European labour law cases and the purpose of discrimination legislation, it held that it was legitimate to select a person of a particular religion to be an arbitrator, here an Ismaili.

Jivraj and Hashwani started a property investment joint venture in 1981, with a term that disputes should go to three arbitrators, one appointed by each, and all from the Ismaili community.

Rabinder Singh QC and Aileen McColgan intervened with written submissions for the His Highness Prince Aga Khan Shia Imami Ismaili International Conciliation and Arbitration Board.

Lord Clarke held that an arbitrator’s position could not fall under the EERBR 2003 (now the EA 2010 s 13) because it had to be construed in light of the aim of Directive 2000/78, and the jurisprudence of the ECJ.

This drew a clear distinction, beyond the requirement of work for a wage in Lawrie-Blum, between those in a subordinate position, as in Allonby, and independent providers of services.