The Supreme Court has overturned the decision of the Court of Appeal that arbitrators are employees and therefore subject to anti-discrimination legislation. Arbitrators are not employees so a party can appoint or refuse to appoint an arbitrator on specific religious grounds. The majority held (obiter) that even if arbitrators were employees, the requirement that an arbitrator be of a particular religion can be regarded as a genuine occupational requirement within the meaning of employment equality law (Jivrak v Haswani).