Tied Pubs (Scotland) Act 2021
2021 asp 17
The Act
Part 2: Giving Effect to the Code
Arbitration
Section 16: Liability for arbitrator’s reasonable fees and expenses
43.Under this section, a pub-owning business that is party to an arbitration is normally liable to pay the arbitrator’s fees and expenses if the adjudicator, or someone appointed by the adjudicator, is the arbitrator. However, under subsection (2), this does not apply if the referral was made by a tied pub tenant and the arbitrator considers the referral to be vexatious (intended to frustrate or delay without any chance of success). A pub-owning business may also ask the adjudicator to relieve it of a liability for any fees and expenses, or to transfer a portion (as the adjudicator sees fit) of a liability to a tied-pub tenant who was a party to the arbitration.
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