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Tied Pubs (Scotland) Act 2021

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16Liability for arbitrator’s reasonable fees and expenses

This section has no associated Explanatory Notes

(1)A pub-owning business that is a party to an arbitration is liable to pay the arbitrator’s reasonable fees and expenses if, by virtue of section 14(1), the arbitrator is the adjudicator or a person appointed by the adjudicator.

(2)But a pub-owning business has no liability under subsection (1) if—

(a)the arbitration began as a result of a tied-pub tenant submitting a dispute to arbitration under section 15, and

(b)the arbitrator concludes that the submission of the dispute to arbitration was vexatious.

(3)The adjudicator may, on the request of the pub-owning business and having regard to the circumstances of the arbitration and the dispute submitted to it—

(a)relieve the business in whole or in part of the liability under subsection (1),

(b)determine that a tied-pub tenant who is a party to the arbitration is instead liable to pay so much of the arbitrator’s reasonable fees and expenses as the adjudicator considers appropriate.

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