# The Merchant Shipping (Port State Control) Regulations 2026, Regulation 20: Arbitration


(1) A decision by an inspector to issue a detention notice or refusal of access notice in connection with the ship must be referred to a single arbitrator where—
(a) the owner or master of the ship requires this by a notice given to the inspector within 21 days from the service of the detention notice or refusal of access notice, and
(b) the notice given by the owner or the master of the ship relates to an opinion of the inspector on which the detention notice or refusal of access notice is based.
(2) Except in relation to Scotland, where the owner or master of the ship and the inspector are unable to agree an arbitrator—
(a) the arbitrator may be appointed by an independent arbitration organisation nominated for that purpose by agreement between the owner or master of the ship and the inspector, and
(b) where there is no agreement under paragraph (2)(a), the arbitrator may be appointed by the High Court following a request made by—
(i) one party, after giving written notice to the other party, or
(ii) the parties jointly.
(3) Where a notice is given in accordance with paragraph (1)(a) or (2)(b)(i), the giving of the notice does not suspend the operation of the detention notice or refusal of access notice.
(4) The arbitrator must have regard to any matter not specified in the detention notice or refusal of access notice which appears to the arbitrator to be relevant as to whether the ship was or was not liable to be detained or served with a refusal of access notice.
(5) Where the arbitrator decides, as respects a matter to which the reference relates, that in all the circumstances the matter did not constitute a valid basis for the inspector’s opinion, the arbitrator must—
(a) cancel the detention notice or refusal of access notice, as the case may be, or
(b) affirm it with such modifications as the arbitrator may in the circumstances think fit.
(6) In any case other than one described in paragraph (5), the arbitrator must affirm the detention notice or refusal of access notice in its original form.
(7) The decision of the arbitrator must include a finding as to whether there was or was not a valid basis for the detention of the ship or for the service of a refusal of access notice.
(8) A person is not qualified for appointment as an arbitrator under this regulation unless that person is—
(a) a person holding a certificate of competency as a master mariner or as a marine engineer officer class 1, or a person holding a certificate equivalent to those certificates,
(b) a naval architect,
(c) a person falling within paragraph (9), or
(d) a person with special experience of shipping matters, of the fishing industry, or of activities carried on in ports.
(9) For the purposes of paragraph (8)(c) a person falls within this paragraph if that person—
(a) satisfies the judicial-appointment eligibility condition on a 7 year basis within the meaning of section 50 of the Tribunals, Courts and Enforcement Act 2007,
(b) is an advocate or solicitor in Scotland of at least 7 years’ standing, or
(c) is a member of the bar of Northern Ireland or solicitor of the Court of Judicature of Northern Ireland of at least 7 years’ standing.
(10) In connection with any functions under this regulation an arbitrator has the powers conferred on an inspector by section 259 of the Act.
(11) In the application of this regulation to Scotland—
(a) any reference to an arbitrator is to be construed as a reference to an arbiter, and
(b) the reference in paragraph (1) to a single arbitrator appointed by agreement between the parties is to be construed as a reference to a single arbiter so appointed or, in default of agreement, appointed by the sheriff.

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Source: https://www.legislation.gov.uk/ukdsi/2026/9780348280098/regulation/20 (the official version)
Page: https://openlegislation.uk/draft-merchant-shipping-port-state-control-regulations-2026/regulation-20
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.