The “Code Adjudicator” Model: The Pubs Code, Statutory Arbitration and the Tied Lease

Meers, J & Hind, L, 'The “Code Adjudicator” model: The Pubs Code, statutory arbitration and the tied lease' Legal Studies (Forthcoming)

26 Pages Posted: 18 Aug 2021

See all articles by Jed Meers

Jed Meers

University of York, York Law School

Liz Hind

University of York

Date Written: August 16, 2021

Abstract

The “code adjudicator” is a new statutory intervention in business-to-business disputes. They are Janus-faced, combining a statutory arbitration function with a regulatory remit. This paper is a detailed critique of the “Pubs Code Adjudicator”, which presides over the Pubs Code Regulations 2016 and intervenes in the contractual relationships between the largest pub-owning companies and their tied-tenants. Drawing on a sample of interviews with affected tenants, arbitration data, and legal appeals under the Arbitration Act 1996, we argue that – although these “new intermediaries” show promise – there are a series of limitations with both the function of the Pubs Code Regulations and the “code adjudicator” model itself. In particular, our findings demonstrate the use of delaying tactics, the interaction of code adjudication with the parties’ existing contractual relationships, and issues with the application of arbitration “burden of proof” standards to the exercise of duties under the statutory code.

Keywords: Statutory arbitration, code adjudicator, tied leases, small businesses, landlord and tenant, dispute resolution.

Suggested Citation

Meers, Jed and Hind, Liz, The “Code Adjudicator” Model: The Pubs Code, Statutory Arbitration and the Tied Lease (August 16, 2021). Meers, J & Hind, L, 'The “Code Adjudicator” model: The Pubs Code, statutory arbitration and the tied lease' Legal Studies (Forthcoming), Available at SSRN: https://ssrn.com/abstract=3905786

Jed Meers (Contact Author)

University of York, York Law School ( email )

York
United Kingdom

Liz Hind

University of York ( email )

Heslington
University of York
York, YO10 5DD
United Kingdom

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