The Terms of Employment of Pilots (Arbitration) Regulations 1988

Regulation 3

SCHEDULE RULES AS TO REFERRAL AND DETERMINATION OF QUESTIONS IN DISPUTE

Referral

1.—(1) An arbitration shall be instituted by the applicant’s presenting to the Chairman of the Panel and to the respondent a request for arbitration on a question in dispute which shall be in writing and shall set out—

(a) the names and addresses of the competent harbour authority and the person acting for the pilot or pilots in the proceedings;

(b) the question for determination; and

(c) a statement that the dispute cannot be resolved by negotiation.

(2) Where the applicant is the majority of the authorised pilots for a harbour, or part of a harbour, the request presented under sub-paragraph (1) above shall be accompanied by a certificate signed by the person acting for the pilots that a majority of the pilots in question has voted to refer the dispute to arbitration.

(3) Upon receipt of a request the Chairman shall take the steps he considers necessary to ascertain whether the dispute can still be resolved by negotiation. If he decides that the dispute can still be resolved by negotiation he shall decline to accept the reference until such time as he is satisfied that the dispute cannot be resolved by negotiation.

Action upon acceptance of a reference

2.—(1) Once the reference has been accepted, the Chairman shall set a date, being not later than 3 weeks from the acceptance of the reference, time and place for the holding of the arbitration, unless both parties have informed him in writing that they do not require an oral hearing.

(2) Each party shall, within 14 days of receiving notification of acceptance of the reference, present to the Chairman a written statement of its case and shall copy it to the other party.

Preparation for arbitration

3.—(1) The Chairman shall make all the necessary arrangements for the holding of an arbitration.

(2) The Chairman may engage such ancillary services as he thinks fit with a view to assisting the Panel in the discharge of its functions.

Procedure at the arbitration

4.—(1) Where both parties have informed the Chairman that they do not require an oral hearing, the Panel shall proceed as expeditiously as it can to determine the question in dispute upon the basis of any written statements presented to the Chairman.

(2) Where an oral hearing is held, each party may appear and be heard through its authorised representative or, with the consent of the Chairman, may be represented by an adviser; and each party may give evidence, with the consent of the Chairman call witnesses, question any witness and address the Panel.

(3) If a party shall fail to appear or to be represented at the time and place fixed for the hearing the Panel may adjourn the hearing to a later date or may determine the question in dispute in its absence, but before determining the question in dispute it shall consider any written statement presented to the Chairman by that party.

Determinations of the Panel

5.—(1) The Panel shall seek to determine a question in dispute through a unanimous decision of the Panel, and if this proves impossible through a majority decision; but if it proves impossible for any two Members of the Panel to agree to a decision the Panel may act through the decision of the Chairman alone.

(2) The Panel shall record in a document signed by the Chairman its determination of the question in dispute.

Miscellaneous powers of Panel

6.—(1) Subject to the provisions of these Rules, a Panel may regulate its own procedure.

(2) A Panel may, if it thinks fit—

(a) extend the time appointed by these Rules for presenting a written statement notwithstanding that the time appointed may have expired;

(b) postpone the day or time fixed for, or adjourn, any hearing;

(c) where there are pending 2 or more requests for arbitration and, either upon the application of any party or on its own motion, it appears to a Panel that some common question of law arises in both or all the requests for arbitration, then the Panel may order that some or all of the requests for arbitration shall be considered together, and may give such consequential directions as may be necessary: provided that before exercising this power notice shall have been sent to all parties concerned giving them an opportunity to show cause why such an order should not be made.