What you need to know about Pubs Code arbitration 

If you have a dispute with your pub company about your Pubs Code rights, that dispute can be referred to the PCA to be decided by an arbitrator. 

An arbitrator is an independent and impartial decision maker appointed to resolve disputes between parties outside of court. They review evidence, listen to arguments from both sides and make a final decision regarding the dispute. This decision is called an "award".

The arbitrator's award is legally binding, meaning that if an arbitrator orders a pub-owning business to take action, it must do it. Tied pub tenants must also comply with an arbitration award.

There are strict time limits to make an arbitration referral to the PCA. Before you make a formal referral you should read the Getting Help and Support with the Pubs Code and Arbitration factsheet which explains what arbitration is and what disputes may be referred. It also describes the rules relating to time limits, the costs of arbitration and who pays them. 

Please note, the PCA can only help to settle disputes which are in scope of the Pubs Code. You can only make an arbitration referral if you are a tied tenant (or a pub-owning business in relation to market rent only disputes), or authorised to act on their behalf. For other matters, a tenant should refer to their pub company's complaints procedure or take independent legal advice.  

Arbitrations are confidential, which means the PCA will not discuss the case with others. The PCA has legal powers to request information or documents from an arbitration for regulatory purposes. In doing so, the PCA will maintain the confidentiality of the arbitration.  

The PCA encourages greater openness and transparency in Pubs Code arbitrations, and it publishes most arbitration awards in full or in summary (ensuring necessary confidentiality where this has not been expressly waived by the parties). 

Publication enables the industry to understand decisions made by arbitrators and gives tied tenants and pub companies an equal level of understanding as to how the Code is being applied in individual arbitrations. Arbitration awards and decisions of the High Court where awards have been appealed can be read here. Please note, arbitration awards and decisions will be moving over to this website in due course. 

Pubs Code arbitrations are managed by the Chartered Institute of Arbitrators (CIArb) on behalf of the PCA. 

Full details, including how to pay the referral fee, can be found on their website. 

The Pubs Code has very strict deadlines connected with rights under the Code and for making formal referrals to the PCA. It is the tied-tenants’ and the pub-owning business’ responsibility to ensure they are able to meet the strict deadlines set out in the Code. 

The PCA has produced an arbitration standards document which sets out what the PCA expects from a Pubs Code arbitrator and in turn, make this clearer for the parties. 

The standards, amongst other things, include expectations for how the arbitrator will communicate with the parties, case progression and timescales and the use of the PCA’s powers as regulator to require information about the arbitration. 

Arbitrator standards promote timeliness, quality, and consistency. Arbitrators will need to agree to adhere to these standards when taking on any new appointment. Read more here.