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1.0Introduction 介绍
本案涉及宗教自由和平等。向欧盟委员会提出的申诉，即最高法院在Jivraj诉Hashwani案中的裁决违反了欧洲反对歧视的法律，可能对宗教自由和社会平等产生主要影响。众所周知，随着现代全球化的趋势，人权越来越受到人们的欢迎。随着各国交往的日益频繁，各国对社会国家和人权的关注也将越来越多。现代保护第一人权是明智的，因为商业竞争的激烈使得越来越多的公司违背了人权规则，在一定程度上有利于公司的发展。个人是社会的基本单位，宗教的平等与自由在很大程度上影响着社会的稳定与和谐。报告将着重讨论平等和宗教自由，详细讨论仲裁案件和人权问题。
The case concerns the freedom in religion and equality. The complaint to the Commission of EU which the supreme courts’ determination in Jivraj v Hashwani who has breached the laws in Europe that are against the discrimination may likely have main influences for the freedom in religion and the equality in society. As is known to all, human rights have been more and more popular with the globalizing trend in modern time. For the interactions among different countries become more and more frequent, the social states and the human rights will be paid more attention by foreign countries. It is sensible to protect the primary human rights in modern time, for the fierce competitions in business has led more and more corporations to disobey the rules in human rights to benefit the developmentof the company to some degree. An individualis the fundamental unit of a society, so the equality and the freedom of religion can influence the stability and harmony of the society to a great degree. The report will focus on the equality and religious freedom to discuss the case of the arbitration and human rights in detail.
2.0Thearbitration and human rights行政和人权
2.1 The general knowledge of arbitration仲裁常识
仲裁是一种替代性的纠纷解决方式，是在正式法院之外解决纠纷的一种形式。争议当事人可以由一人或者数人将争议提交仲裁，并约定受仲裁决定的约束。第三方将审查争议案件中的证据，并作出决定。该决定将对双方具有法律约束力，并可在普通法院强制执行。
还有一些其他类型的替代性争端解决方案，包括一些专家的调解和不具约束力的决定。仲裁总是用来解决一些商业纠纷，特别是在一些国际贸易交易中。例如，在美国，仲裁也经常用于与就业和消费者有关的事项，在这种情况下，仲裁可能由与商业合同或雇佣条款有关的法律强制执行。
仲裁可以是强制性的或自愿的，也可以是无约束力的或有约束力的（贝蒂，2011年）。仲裁的实质是解决纠纷。调解在某种程度上类似于无约束力的仲裁，因为双方的决定都不能强加给任何一方，但主要的区别在于调解人是否可以协助双方在中间找到一个双方可以妥协的理由。
Arbitration is defined as a kind of alternative dispute resolution, which is a form to resolve some disputes outside the formal courts. The parties involved in a dispute can refer the dispute to the arbitration by one or more individuals, and make an agreement on being bound by the decision of the arbitration. A third party will review the proof in the dispute case and a decision will be imposed. The decision will be binding on the two parties legally and enforceable in the normal courts.
There are also some other kinds of alternative dispute resolution, which includes the mediation and the non-binding decisions by some experts. Arbitration is always employed for the decision of some commercial disputes, especially in some cases of the international trading transactions. For example, arbitration in the USA is also often used in the matters concerning the employment and consumers, and in the circumstances of such cases, the arbitration may probably be mandated by the laws relating to the commercial contracts or the employment terms.
The arbitration may be mandatory or voluntary and also can be non-binding or binding(Betty, 2011). The essence of the arbitration is to resolve the disputes. The mediation is similar to the non-binding arbitration to some degree, for the decision of both can not be imposed to either party, but the main difference lies in that whether a mediator may assist the parties to find a ground in the middle on which the two parties can compromise.
The procedure and fees of arbitration is less complicated than that of the courts. Arbitration can be considered as a proceeding where disputes can be resolved by an impartial adjudicator who can make decisions to the disputes and the parties can agree to the decisions.
This is the general knowledge of the arbitration. The arbitration has a long history, and in fact, it has become more and more popular in the international commercials and the employment, for it is much more convenient than going to the courts to solve the disputes. By employing the arbitration, the disputes in the commerce and in the working places can be solved more effectively and efficiently to some degree.
2.2 The human rights in workplace
With the development of the economy and the globalization, the workers in different areas and in different countries have been treated in various ways, which has called for the protection of human rights in the working places. The workers can be one of the most important elements of a company or a corporation, without whom the company can not run smoothly(Chambers, 2010). It is necessary to offer protection to the human rights in working places by law and regulations. From the above, the arbitration can be employed to protect the human rights of common workers as well, and it is more practical for staff to make use of the form of arbitration to resolve the disputes and unequal treatment in modern times in a certain industry.
The long history of arbitration proves that it is really a useful method. In modern times, from the sole traders to the multinational companies, they all employ the arbitration to solve problems, for the companies or the traders can decide who will resolve the disputes, and can save time and cost in the proceedings to some extent. Some articles in the law and regulations have regulated the human rights and have provided the law evidence to protect the human rights. However, the human rights in some cases are distorted to some degree, which has disobeyed the law. For example, some companies only employ the males in a certain position, which has deprived the females’ chances to do the job(Davis, 2012). Although some jobs can be done by both genders, the company only engages males to do the job, which is a kind of inequality in the workplace and has disobeyed the law concerning the human rights. The religions of some staff have also been distributed in some cased to some degree. For instance, some companies require that the staff much have the beliefin Christian, which has broken the laws relating to human rights.
3.0The religion of arbitrator discriminatory
3.1 The arbitrator discriminatory
According to the law of arbitration, the arbitrator can have different religions. It is one form to display the equality in the arbitration. However, in some cases, the parties require that the arbitrator must have a certain religion, which can cause damage to the equality and religious freedom to some extent(Greasley, 2013). It is necessary to pay much attention on the equality in society and in the working places and the religious freedom should also be emphasized to a great degree. With the development of the globalization, some foreign works often encounter such cases that their beliefs are not in accordance with the regulations of the company in religion, and they always choose to keep silent, which is not the right behavior to treat such problem(Fitzsimmons, 2014).
In this case, the party asked the arbitrator must be a member of the Ismaili community, which is illegal. This case has been popular in the arbitration field for a long time from the year of 2011, which has attracted the attention of many people with a certain religion(Dopson, 2011). It is not equal to regulate the religion of a staff, and it is one of the human rights of the employee to have his or her own religion.The Supreme Courthas put forward that a decision by a religious institution only to appoint a lawyer of its own religion was not probable to be permitted by the Equality ACT. Therefore, the religion discrimination of some private parties is also illegal and has disobeyed the Equality ACT as well. This case has considered as the end of the religious arbitration in the decision by the ECJ.
3.2 The different court decisions
Somepeople have the opinion that the parties have the freedoms to appoint the arbitrators with their own religious beliefs, but this has been considered as illegal in the case in the above(Alcott, 2012). In some circumstances, the court decisions can also vary from one area to another area, for there is a discrimination of people from different places. The local court always makes decisions to protect the local people to some degree. Therefore, some court decisions are not equal as well. It is sensible to protect the equality of the society in the long run, for it can affect the stability of the society and the economy to a great degree.
3.3 Equality and religious freedom in the workplace
In some workplaces, the staff has to accept the religion of the boss, which is not equal in the religious freedom at all. In this case, the religious discrimination of the arbitrator has displayed that the human rights in religious freedom shall not be violated according to the law(Gourvish, 1994). #p#分页标题#e#
The case has involved the balancing of both conflicting principles of human rights：The religious and individual freedom on the other hand, versus the elimination of discrimination and equality on the other hand.
4.0Conclusion
The report in the above has introduced the general knowledge of arbitration in detail, which may help people to understand the meaning of arbitration more clearly. The arbitration has become popular in modern times, which has assisted the traders and international companies with international commerce to resolve disputes much more easily and efficiently. It is necessary to know arbitration and employ it to help resolve disputes. In the case, the main point is the equality and the religious freedom, for the Equality ACT has regulated that it is illegal to regulate the religion of the staff. There is some religious discrimination in the workplace in modern times, which should be prohibited by the law. The equality and the religious freedom in the arbitrator case should be balanced to some degree to comply with the law.
5.0Reference
Alcott, P., 2012, The human rights in workplace, Routledge, New York.
Betty Jane., 2011, The religious freedom in modern time, Eurospan, London.
Chambers, 2010, Arbitration and the decisions, Pearson Prentice Hall, England.
Davis, B., 2012, Business Management, Butterworth-Heinemann, Oxford.
Dopson, 2011,Equality in the society, Delmar Cengage Learning, Chichester.
Fitzsimmons, 2014, The development of the international business, McGraw-Hill International, USA.
Greasley, A., 2013, Operations Management, John Wiley & Sons, Chichester.
Gourvish, T.R., 1994, The discrimination in jobs, Cambridge University Press, Cambridge.
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