{
  "url": "https://openlegislation.uk/merchant-shipping-international-safety-management-ism-code-regulations-2026/regulation-22",
  "json_url": "https://openlegislation.uk/merchant-shipping-international-safety-management-ism-code-regulations-2026/regulation-22.json",
  "legislation": "uksi/2026/194",
  "legislation_title": "The Merchant Shipping (International Safety Management (ISM) Code) Regulations 2026",
  "legislation_url": "https://openlegislation.uk/merchant-shipping-international-safety-management-ism-code-regulations-2026",
  "path": "regulation/22",
  "kind": "regulation",
  "number": "22",
  "heading": "Arbitration",
  "text": "(1) If an applicant is dissatisfied with the outcome of any verification carried out pursuant to these Regulations, that applicant may serve a written notice on the responsible person within 21 days beginning with the day after receiving notice of that outcome—\n(a) stating that there is a dispute in relation to the verification; and\n(b) requesting that the dispute be referred to a single arbitrator.\n(2) Subject to paragraphs (3), (4) and (6), an arbitrator referred to in paragraph (1)(b) must be appointed by agreement between the applicant and the responsible person.\n(3) In default of an agreement between the applicant and responsible person, the arbitrator is such person as may be appointed by the President or Vice President of the Chartered Institute of Arbitrators following a request by—\n(a) a party, after giving written notice to the other party; or\n(b) the parties jointly,\nbut this paragraph does not apply in Scotland.\n(4) No person is to be appointed as an arbitrator under this regulation unless that person is—\n(a) a person who holds a certificate to act as—\n(i) a master or chief mate on a seagoing ship of 3,000 gross tonnage or more, in accordance with STCW Regulation II/2; or\n(ii) a chief engineer officer or second engineer officer on a seagoing ship powered by main propulsion machinery of 3,000kW propulsion power or more, in accordance with STCW Regulation III/2;\n(b) a person who holds a certificate of competency equivalent to a certificate referred to in sub-paragraph (a);\n(c) a naval architect;\n(d) a qualified person;\n(e) a person with special experience of shipping matters; or\n(f) a member of the Chartered Institute of Arbitrators.\n(5) An arbitrator appointed under this regulation has the powers of an inspector conferred by section 259 of the 1995 Act for the purpose of carrying out their functions under this regulation.\n(6) In the application of this regulation in Scotland—\n(a) any reference to an arbitrator is to be construed as a reference to an arbiter; and\n(b) the reference in paragraph (2) to an 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 a sheriff.\n(7) The rules for arbitration set out in Merchant Shipping Notice M.1613 apply unless alternative arrangements are agreed between the applicant and the responsible person before the commencement of arbitration proceedings.\n(8) In this regulation—\n“applicant” means a person who—\n(a) was required by a Certifying Authority to undergo an additional verification in accordance with regulation 13(5) (verification and Document of Compliance requirements in respect of ISM companies responsible for United Kingdom ships);\n(b) is responsible for the operation of a ship which was required by a Certifying Authority to undergo an additional ship verification in accordance with regulation 16(5) (verification and Safety Management Certificate requirements in respect of United Kingdom ships); or\n(c) made an application for any verification referred to in—\n(i) regulation 13(8) or (9) (initial, annual and renewal verifications in respect of ISM companies responsible for United Kingdom ships);\n(ii) regulation 14(4) (interim verification in respect of ISM companies responsible for United Kingdom ships);\n(iii) regulation 16(8) or (9) (initial, intermediate and renewal ship verifications in respect of United Kingdom ships); or\n(iv) regulation 17(4) (interim ship verifications in respect of United Kingdom ships);\n“the parties” means the applicant and the responsible person, and “party” is to be construed accordingly;\n“qualified person” means—\n(a) a person who satisfies the judicial appointment eligibility on a 7-year basis within the meaning of section 50 of the Tribunals, Courts and Enforcement Act 2007 (judicial appointment eligibility condition);\n(b) a person who is an advocate or solicitor in Scotland of at least 7 years’ standing; or\n(c) a person who is a member of the Bar of Northern Ireland or a solicitor of the Supreme Court of Northern Ireland of at least 7 years’ standing; and\n“responsible person” means a Certifying Authority responsible for the issue of the relevant document in connection with which the verification required by these Regulations was carried out.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "Merchant Shipping Notice M.1613 is available at https://www.gov.uk/government/publications/msn-1613-ms-survey-and-certification-regulations-1995-arbitration-process and in hard copy from the MCA at Spring Place, 105 Commercial Road, Southampton, SO15 1EG, telephone 020 3817 2000 and email: MarineTechnology@mcga.gov.uk."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "2007 c. 15."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2026/194/regulation/22",
    "retrieved_at": "2026-10-28T21:05:24.789877+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}