Regulation 58 Referrals to the Adjudicator in connection with the MRO procedureI1

England and Wales

(1)

Paragraph (2) applies where a matter has been referred to the Adjudicator under—

(a)

regulation 32(2) (disputes in connection with the full response);

F1(b)

regulation 32C(1) (disputes in connection with MRO non-compliance, etc.);

(ba)

regulation 33A(3) (disputes in connection with revised response);

(c)

regulation 37(10) or (11) or 38(4) (disputes in connection with the independent assessor);

(d)

regulation 39(3) (disputes in connection with a tenancy or licence after proposal agreed);

(e)

regulation 40 (disputes in connection with recovery of rent etc after MRO procedure);

(f)

regulation 56(9), (10) or (11) (disputes in connection with the investment agreement).

(2)

The Adjudicator must either—

(a)

arbitrate the dispute; or

(b)

appoint another person to arbitrate the dispute.

(3)

Except where this Part makes different provision, the arbitration must be conducted in accordance with —

(a)

the rules regarding arbitrations issued from time to time by the Chartered Institute of Arbitrators; or

(b)

the rules of another dispute resolution body nominated by the arbitrator.

Annotations

F1: Reg. 58(1)(b)(ba) substituted for reg. 58(1)(b) (1.4.2022) by The Small Business, Enterprise and Employment Act 2015 and Pubs Code etc. (Amendment) Regulations 2022 (S.I. 2022/341), reg. 1(1), Sch. 2 para. 19 (with reg. 4)