The Merchant Shipping (Small Workboats and Pilot Boats) Regulations 2023

Arbitration

24.—(1) If an applicant is dissatisfied for any reason with the outcome of a review carried out by the Certifying Authority under regulation 23 (review application), the applicant may serve a written notice on the Certifying Authority within 21 days beginning with the date of receiving notification of the review decision—

(a) stating that there is a dispute in relation to the survey and the review decision, and

(b) requesting that the dispute be referred to a single arbitrator.

(2) Subject to paragraphs (3), (4) and (6), an arbitrator referred to in paragraph (1) must be appointed by agreement between the applicant and the Certifying Authority.

(3) Except in relation to Scotland, if the applicant and the Certifying Authority are unable to agree an arbitrator—

(a) the arbitrator is such a person as may be appointed by an independent arbitration organisation nominated for that purpose by agreement between the applicant and the Certifying Authority, and

(b) where there is no agreement under paragraphs (2) and (3)(a), the arbitrator is such a person as may be appointed by the High Court following a request made by—

(i) one party, after giving written notice to the other party, or

(ii) the parties jointly.

(4) No person is to be an arbitrator under this regulation unless that person is—

(a) a person who holds a certificate of competency as a Class 1 Deck Officer or Class 1 Marine Engineer Officer, or a certificate of competency which is equivalent to such a certificate,

(b) a naval architect,

(c) a qualified person,

(d) a person with special experience of shipping matters or of activities carried on in ports, or

(e) a member of the Chartered Institute of Arbitrators.

(5) An arbitrator appointed under this regulation has the powers of an inspector conferred by section 259 of the 1995 Act (powers of inspectors).

(6) In the application of this regulation to Scotland—

(a) any reference to an arbitrator is to be construed as a reference to an arbiter, and

(b) the reference in paragraph (1) to a single arbitrator appointed by agreement between the applicant and the responsible person is to be construed as a reference to a single arbiter so appointed, or in default of agreement, appointed by a sheriff.

(7) The rules for arbitration set out in Merchant Shipping Notice No. M.1613(1) apply unless alternative procedures are agreed between the applicant and the Secretary of State before the commencement of arbitration proceedings.

(8) In this regulation—

“applicant” means a person who makes an application for a certificate required by these Regulations;

“the parties” means the applicant and the Certifying Authority, and “party” is to be construed accordingly;

“qualified person” means—

(i)

a person who satisfies the judicial appointment eligibility condition on a seven-year basis within the meaning of section 50 of the Tribunals, Courts and Enforcement Act 2007(2) (period over which a person is qualified),

(ii)

a person who is an advocate or solicitor in Scotland of at least seven years’ standing, or

(iii)

a person who is a member of the Bar of Northern Ireland or a solicitor of the Supreme Court of Northern Ireland of at least seven years’ standing.

(1)

Merchant Shipping Notice No. M.1613 is available from the following address: https://assets.publishing.service.gov.uk/media/5a74bc7f40f0b619c865a03f/msn1613.pdf.

(2)

2007 c. 15.