Part 2Giving effect to the code
Arbitration
14Adjudicator’s duty to arbitrate or appoint arbitrator
1
The adjudicator must act as the arbitrator in relation to a dispute, or appoint another person to do so, if the dispute—
a
is between a tied-pub tenant and a pub-owning business,
b
is about whether the business has complied with a term of the code, other than an excluded term, and
c
is submitted to the adjudicator for arbitration either—
i
under section 15, or
ii
in accordance with an agreement between the parties to the dispute.
2
Where the adjudicator or a person appointed by the adjudicator is, by virtue of subsection (1), the arbitrator in an arbitration, the arbitration must be conducted in accordance with—
a
the rules regarding arbitration issued from time to time by the Chartered Institute of Arbitrators, or
b
the rules of another dispute resolution body nominated by the arbitrator.
3
In subsection (1)(b), “excluded term” means a provision of the code that regulations made by the Scottish Ministers state cannot be the subject of arbitration before the adjudicator.