When disagreements arise, these may involve disputes over whether the pub company has properly met all the requirements of the pubs code.
When those disputes can’t be resolved through discussion with your business development manager (BDM) or code compliance officer (CCO), arbitration provides a way to resolve the issues where strict time limits are met.
Arbitration is the independent, binding way for individual tenants to enforce their rights under the pubs code. It exists to make sure that rights under the code are real and enforceable, not just words on a page.
On 31 July, I issued a call to the pub industry to respond to a consultation on the rules for handling pubs code disputes.
Our aim is to understand whether there is a need to create a simpler and more accessible set of arbitration rules, specifically designed for the pubs code. The goal would be to improve tied tenants’ access to dispute resolution and make sure their rights can be exercised effectively in practice.
Why we’ve called for a consultation now
The number of arbitrations that are referred to my office is relatively low. This might indicate high levels of compliance by the pub companies, which would be good news.
But I recognise that some tied tenants might be deterred from the arbitration process because they feel it’s too complex or too daunting to use. So, these low numbers might be telling a different story – one of accessibility.
At present, any disputes must usually follow the Chartered Institute of Arbitrators (Ciarb) Arbitration Rules. These were written for domestic and international arbitrations in commercial relationships and have not been developed with the pubs code in mind.
Tenants are often unrepresented in arbitrations, and these rules can be challenging for them to understand and follow.
That is why I am considering whether there is a need to develop new, bespoke arbitration rules, suited to the tied model and pubs code specifically. This could simplify the process for tenants and potentially improve its efficiency and cost effectiveness for everyone involved.
Why tenants’ voices are essential
The pubs code exists to support tied tenants and their businesses, and arbitration is there to resolve tenants’ individual disputes over their pubs code rights, providing a safety net when conversations with their pub company reach an impasse.
I recognise that using arbitration is never a decision taken lightly. It takes time, energy and determination at a point when running a business may already feel overwhelming.
That is why it’s so important that tenants, both current and previous, come forward and share their experiences.
For those that have been through arbitration, I want to understand what worked well, where it felt daunting, and whether there were barriers which made it harder to get a fair resolution to a dispute.
For tied tenants who have not used arbitration, I still want to hear their perspective, specifically any barriers and what changes they would like to see.
Anyone with experience of other forms of dispute resolution, such as the Pub Governing Body’s Pubs Independent Conciliation and Arbitration Service, is also welcome to give their view of what might work well to provide simpler pubs code arbitration.
Every voice matters. Even a short response could make a real difference to the way pubs code arbitration can be evolved.
Why we need views from arbitrators and professional advisers
It is not just tenants’ experiences I want to hear about. While these experiences are central to the process, I know the arbitration process needs to work for all parties involved. As part of the consultation, I am also seeking views from the industry, including pub companies, arbitrators and professional advisers.
By hearing from all parties involved in the arbitration process, we can understand whether any changes would help provide a system that tenants are confident about using, and which allows us to carry out our work effectively under the pubs code.
How to have your say
To provide us with feedback, those wanting to share their views can respond to the consultation document here, also available on the PCA website,
The consultation closes on 23 October 2025 (11.59pm). I urge tenants, former tenants, pub companies, arbitrators, and professional advisers to take this opportunity to shape the future of dispute resolution under the pubs code.
The pubs code was created to ensure fair and lawful dealing between tied tenants and the pub companies that own their pubs. Arbitration plays a pivotal role in that promise - it is how rights are upheld in practice.
The more perspectives that are gathered as part of the consultation, the stronger and fairer we can make the arbitration process for all.
This column is intended to aid industry understanding about the pubs code and its impact. Nothing in it should be understood to be a substitute for the pubs code legal framework
