The Pubs Code Adjudicator has published its latest arbitration quarterly report, building on the recommendations of research into PCA communications.
Pubs Code adjudicator Fiona Dickie
The report gives a picture of progress over time, providing a comparison to the previous quarter and total for the year. Significantly, it provides more detail on the types of disputes referred for arbitration, the outcome, and duration. It also gives the industry more information to compare by pub company.
It enables the industry to see that Stonegate and Star, the two pub companies who had the highest number of cases at the end of last quarter (31st December 2021) have notably closed a number of cases this quarter. This has had a positive impact on the total open cases.
Star continues to have the most open disputes. The majority of arbitrations (15 across all pub companies) ended this quarter with the parties agreeing a market rent only (MRO) tenancy.
This report shows the number of open arbitrations continuing to fall, the majority of which are about the market rent only full response. The PCA has focused on improving compliance and reducing disputes in this area.
Recent changes in the law, allowing the tenant and pub company more time to negotiate the MRO option before considering arbitration are an opportunity to reduce the need for arbitration further, says the PCA.
The PCA continues to work with the Chartered Institute of Arbitrators to ensure parties receive an efficient and quality service. The institute is currently developing arbitrator training and assessment to ensure arbitrators considered by the PCA for appointment have demonstrated their knowledge of Pubs Code arbitrations to a required standard.
Meaningful insights
Pubs Code adjudicator, Fiona Dickie, said: “I am pleased to be launching the PCA’s new-style quarterly arbitration report, which offers more meaningful insights for the industry on Pubs Code arbitrations.
“I think it is right that the PCA publishes more detailed data, such as about arbitration outcomes, and to enable comparisons to be made by pub company.
“It is encouraging to see the number of open arbitrations continuing to fall. We nevertheless continue our work to ensure that where arbitration is required, the parties receive a quality service.”
