Scottish Pubs Code Adjudicator: draft arbitration policy - guidance

Introduction

The Scottish Pubs Code (“the Code”) regulates the relationship between tied-pub tenants and pub-owning businesses. The SPCA oversees the Code, investigates complaints and arbitrates in disputes between tied-pub tenants and pub-owning businesses about the Code. The law relating to the Code and the role of the Adjudicator is set out in the Tied Pubs (Scotland) Act 2021 ('the Act') and associated regulations.

This guidance has been prepared by the Adjudicator’s office. It covers the SPCA approach to arbitration, definitions of key words, information and advice, the difference between arbitration and complaints, things to consider before making a referral, and key steps in the process. 

The SPCA approach to arbitration

The SPCA’s arbitration process is intended to be transparent, clear and consistent. Confidentiality is critical to the arbitration process – we will make sure that any information shared during arbitration is protected and accessible only to authorised parties to the process. 

Definitions of key words

Claimant: This is the person or organisation that makes the referral for arbitration. 
Respondent: This is the person or organisation that responds to the referral for arbitration.
Parties: The people or organisations on either side of a dispute are called ‘parties’. The parties in a SPCA case will be a tied-pub tenant and a pub-owning business.

Key steps in the process

This section provides an overview of the four main steps in the arbitration process:

1. making a referral for arbitration
2. case management and communication
3. arbitration process
4. the decision