Tied Pubs (Scotland) Act 2021

14 Adjudicator’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.