Arbitration
9.—(1) Any question as to whether any of the matters specified in relation to a ship in a detention notice constituted a valid basis for the officer’s opinion must, if the master or company so requires by a notice given to the officer within 21 days from the service of the detention notice, be referred to a single arbitrator appointed by agreement between the parties for that question to be decided by the arbitrator.
(2) Where a notice is given by the master or company in accordance with paragraph (1), the giving of the notice does not suspend the operation of the detention notice.
(3) The arbitrator may have regard to any matter not specified in the detention notice which appears to the arbitrator to be relevant as to whether the ship was or was not liable to be detained.
(4) Where the arbitrator decides, as respects a matter to which the reference relates, that in all the circumstances the matter did not constitute a valid basis for the officer’s opinion, the arbitrator must—
(a)cancel the detention notice; or
(b)affirm it with such modifications as the arbitrator may in the circumstances think fit.
(5) In any case other than one described in paragraph (4) the arbitrator must affirm the detention notice in its original form.
(6) The decision of the arbitrator must include a finding whether there was or was not a valid basis for the detention of the ship.
(7) To be qualified for appointment as an arbitrator under this regulation a person must be—
(a)a person holding a certificate of competency as a master mariner or as a marine engineer officer class 1, or a person holding a certificate equivalent to any such certificate;
(b)a naval architect;
(c)a person falling within paragraph (8); or
(d)a person with special experience of shipping matters or of activities carried on in ports.
(8) For the purposes of paragraph (7)(c) a person falls within this subsection if that person—
(a)satisfies the judicial appointment eligibility condition on a 7 year basis within the meaning of section 50 of the Tribunals, Courts and Enforcement Act 2007(1);
(b)is an advocate or solicitor in Scotland of at least 7 years’ standing; or
(c)is a member of the bar of Northern Ireland or solicitor of the Court of Judicature of Northern Ireland of at least 7 years’ standing.