Arbitration in respect of removal of vessels
38.—(1) Any person served with a notice by the Agency under article 37(1) (removal of vessels) may, within 21 days of service of the notice, serve a counter-notice on the Agency disputing the notice and stating that—
(a)the vessel is not sunk, stranded or abandoned in the river lying within the limits of deviation or without lawful authority left or moored in that part of the river; or
(b)there has been some informality, defect or error in, or in connection with, the notice,
and any dispute under this article is to be determined in accordance with article 54 (arbitration).
(2) If and in so far as a dispute under this article is based on the ground of some informality, defect or error in, or in connection with, the notice, the arbitrator must dismiss the dispute if the arbitrator is satisfied that the informality, defect or error was not a material one.
(3) On the hearing of the dispute the arbitrator may confirm or set aside the notice.