s.423References to arbitration
423
Section 423Part 16 — ENFORCEMENT OFFICERS AND POWERS

References to arbitration

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Any question as to whether —
any of the reasons or matters specified in —
an improvement notice under section 419(2);
a prohibition notice under section 420(2)(b) or (c); or
a detention order under section 422(1), in connection with any opinion formed by the officer serving the notice or order constituted a reasonable basis for that opinion; or
directions included in the notice under section 421(1) were reasonable, shall, if the person on whom a notice was served, or the owner of a detained ship, so requires, be referred to a single arbitrator appointed by agreement between the parties for that question to be decided by the arbitrator.
If a party requires the matters specified in subsection (1) to be referred to an arbitrator, the party seeking arbitration shall inform the Chief Executive Officer of this requirement in writing within twenty-one days from the service of the notice or the issue of the order.
Where the party notifies the Chief Executive Officer under subsection (2) —
the operation of an improvement notice shall be suspended until the decision of the arbitrator is published to the parties or the party withdraws the requirement for arbitration;
any direction given in a prohibition notice shall remain in force unless the arbitrator directs otherwise; and
any detention order shall remain in force unless the arbitrator directs otherwise.
Where the arbitrator decides that in all the circumstances —
there was no reasonable basis for the officer's opinion; or
a direction was unreasonable, the arbitrator shall either cancel the notice or order or affirm it with such modifications as the arbitrator may think fit and, in all other cases, the arbitrator shall affirm the notice or order in its original form.
A person shall not be qualified for appointment as an arbitrator under subsection (1) unless the person is —
a person with at least ten years' standing as an attorney-at-law in the Islands and with experience of maritime matters;
a person referred to in section 3(1) of the Legal Practitioners Act (2022 Revision) who has practised in the specified profession for at least ten years and with experience in maritime matters; or
any person with international experience or expertise of shipping matters or of activities carried on in ports.
In connection with an arbitrator's functions under this section, an arbitrator shall have the powers conferred on an inspector by section 416.

Cross References

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