The discrimination conundrum in the appointment of arbitrators in international arbitration

The problem of discrimination in the appointment of arbitrators has recently drawn considerable amount of attention from both practitioners and researchers alike in the field of international arbitration. A number of problems endemic to international arbitrations, including that of racial biases, ha...

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Main Authors:	Oseni, Umar Aimhanosi, Kadouf, Hunud Abia
Format:	Article
Language:	English
Published:	Kluwer Law International 2012
Subjects:	K Law (General) KZ Law of Nations
Online Access:	http://irep.iium.edu.my/27071/ http://irep.iium.edu.my/27071/ http://irep.iium.edu.my/27071/ http://irep.iium.edu.my/27071/1/JOIA_29%285%29_Umar_A.OSENI_%26_Hunud_Abia_KADOUF.pdf

id	iium-27071
recordtype	eprints
spelling	iium-270712016-04-17T15:39:15Z http://irep.iium.edu.my/27071/ The discrimination conundrum in the appointment of arbitrators in international arbitration Oseni, Umar Aimhanosi Kadouf, Hunud Abia K Law (General) KZ Law of Nations The problem of discrimination in the appointment of arbitrators has recently drawn considerable amount of attention from both practitioners and researchers alike in the field of international arbitration. A number of problems endemic to international arbitrations, including that of racial biases, have already been addressed by researchers in the field. However, the issue of racial and religious discrimination is of special interest and requires serious debate.This article attempts to discuss the issue of racial and religious discrimination in light of the recent decision of the Supreme Court of the United Kingdom in Jivraj v. Hashwani [2011] UKSC 40.The article tries to suggest a balanced view for promoting sustainable practices in international arbitration. This article further tries to emphasize the point that while party autonomy should be respected in all cases, nevertheless, parties should not be encouraged to introduce discriminatory elements in their arbitration agreements. Kluwer Law International 2012-10 Article PeerReviewed application/pdf en http://irep.iium.edu.my/27071/1/JOIA_29%285%29_Umar_A.OSENI_%26_Hunud_Abia_KADOUF.pdf Oseni, Umar Aimhanosi and Kadouf, Hunud Abia (2012) The discrimination conundrum in the appointment of arbitrators in international arbitration. Journal of International Arbitration, 29 (5). pp. 519-544. ISSN 0255-8106 http://www.kluwerlawonline.com/toc.php?area=Journals&mode=bypub&level=5&values=Journals~~Journal+of+International+Arbitration~Volume+29+(2012) JOIA2012033
repository_type	Digital Repository
institution_category	Local University
institution	International Islamic University Malaysia
building	IIUM Repository
collection	Online Access
language	English
topic	K Law (General) KZ Law of Nations
spellingShingle	K Law (General) KZ Law of Nations Oseni, Umar Aimhanosi Kadouf, Hunud Abia The discrimination conundrum in the appointment of arbitrators in international arbitration
description	The problem of discrimination in the appointment of arbitrators has recently drawn considerable amount of attention from both practitioners and researchers alike in the field of international arbitration. A number of problems endemic to international arbitrations, including that of racial biases, have already been addressed by researchers in the field. However, the issue of racial and religious discrimination is of special interest and requires serious debate.This article attempts to discuss the issue of racial and religious discrimination in light of the recent decision of the Supreme Court of the United Kingdom in Jivraj v. Hashwani [2011] UKSC 40.The article tries to suggest a balanced view for promoting sustainable practices in international arbitration. This article further tries to emphasize the point that while party autonomy should be respected in all cases, nevertheless, parties should not be encouraged to introduce discriminatory elements in their arbitration agreements.
format	Article
author	Oseni, Umar Aimhanosi Kadouf, Hunud Abia
author_facet	Oseni, Umar Aimhanosi Kadouf, Hunud Abia
author_sort	Oseni, Umar Aimhanosi
title	The discrimination conundrum in the appointment of arbitrators in international arbitration
title_short	The discrimination conundrum in the appointment of arbitrators in international arbitration
title_full	The discrimination conundrum in the appointment of arbitrators in international arbitration
title_fullStr	The discrimination conundrum in the appointment of arbitrators in international arbitration
title_full_unstemmed	The discrimination conundrum in the appointment of arbitrators in international arbitration
title_sort	discrimination conundrum in the appointment of arbitrators in international arbitration
publisher	Kluwer Law International
publishDate	2012
url	http://irep.iium.edu.my/27071/ http://irep.iium.edu.my/27071/ http://irep.iium.edu.my/27071/ http://irep.iium.edu.my/27071/1/JOIA_29%285%29_Umar_A.OSENI_%26_Hunud_Abia_KADOUF.pdf
first_indexed	2023-09-18T20:40:15Z
last_indexed	2023-09-18T20:40:15Z
_version_	1777409317326028800

The discrimination conundrum in the appointment of arbitrators in international arbitration

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