The emergence of the “Pubs Code Adjudicator”: An analysis of the Pubs Code Regulations 2016

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JournalChartered Institute of Arbitrators
DateAccepted/In press - 24 Aug 2020
DatePublished (current) - 18 Sep 2020
Original languageEnglish

Abstract

This article is a detailed interrogation of a new Janus-faced creature in British arbitration: the “code adjudicator”. Focusing on the Pubs Code Adjudicator and the underpinning Pubs Code Etc Regulations 2016, the dual-role the adjudicator plays – at once an arbitrator and a regulator – and the powers and problems evident in its first years in operation are evaluated. This use of statutory arbitration, coupled with regulatory oversight, to intervene in a sector dominated by historic power imbalances shows promise, but persistent problems need addressing. In a time of historic challenges to the pub sector, never has addressing the power-imbalance between tied-tenants and their pub-owning companies been more significant.

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