(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
[F1(b)on nomination of the arbitrator either—
(i)the rules of another dispute resolution body, or
(ii)the Scottish Arbitration Rules.]
(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.
[F2(4)Until the Arbitration (Scotland) Act 2010 is in force in relation to any arbitration carried out in pursuance of this section, that Act applies as if it were in force in relation to that arbitration (but see section 16(3) of that Act).
(5)In this section, “Scottish Arbitration Rules” means the rules set out in schedule 1 of the Arbitration (Scotland) Act 2010.]
Textual Amendments
F1S. 14(2)(b) substituted (7.10.2024) by The Tied Pubs (Scottish Arbitration Rules) Amendment Order 2024 (S.S.I. 2024/189), arts. 1, 2(2)
F2S. 14(4)(5) inserted (7.10.2024) by The Tied Pubs (Scottish Arbitration Rules) Amendment Order 2024 (S.S.I. 2024/189), arts. 1, 2(3)
Commencement Information
I1S. 14 in force at 24.6.2024 by S.S.I. 2024/136, reg. 2