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.