The Merchant Shipping (Survey and Certification) Regulations 1995

Arbitration

26.—(1) Should an owner, or any other person making an application for a survey required by these Regulations, be dissatisfied with the outcome of the survey because the issue of a certificate has been refused or for any other reason, that person may serve notice, within twenty-one days of the completion of the survey, on the person responsible for issuing the particular certificate under regulation 10 or 11, that their dispute be referred to a single arbitrator appointed by agreement between the parties to be settled by him.

(2) A person shall not be qualified for appointment as an arbitrator under this regulation unless he is:

(a) a person holding a certificate of competency as a Class 1 Deck Officer or as a Class 1 Marine Engineer Officer, or a person holding a certificate equivalent to any such certifcate; or

(b) a naval architect; or

(c) a person falling within paragraph (3); or

(d) a person with special experience of the shipping industry; or

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

(3) For the purposes of paragraph (2)(c) a person falls within this paragraph if:

(a) he has a 10 year general qualification, within the meaning of section 71 of the Courts and Legal Services Act 1990(1)

(b) he is an advocate or solicitor in Scotland of at least 10 years' standing; or

(c) he is a member of the Bar of Northern Ireland or solicitor of the Supreme Court of Northern Ireland of at least 10 years' standing.

(4) In connection with his functions under this regulation, an arbitrator shall have the powers of an inspector conferred by section 27 of the Merchant Shipping Act 1979;

(5) In the application of this regulation to Scotland, any reference to an arbitrator shall be construed as a reference to an arbiter and the reference in paragraph (1) to a single arbitrator appointed by agreement between the parties shall be construed as a reference to a single arbiter so appointed or, in default of an agreement, appointed by a sheriff;

(6) The Arbitration Act (Northern Ireland) 1937(2) shall apply in relation to an arbitrator in pursuance of this regulation as if this regulation related to a matter in respect of which the Parliament of Northern Ireland had powers to make laws.

(7) The rules for arbitration are set out in Merchant Shipping Notice No. M 1613. These rules shall apply unless alternative procedures are agreed between the parties before the commencement of the arbitration proceedings.

(1)

1990 c. 41.

(2)

1937 c. 8 (N.I.).