SituationThe sailing instructions specify an arbitration procedure for breaches of rules of part 2 and rule
31 which is voluntary for the parties, but when the procedure is agreed, no witnesses are permitted, and the decision of the arbitrator is stated to be final.
Question 1 Is this valid?
Answer The basis of arbitration under Appendix T is that that the parties are given an opinion which they may either accept, or reject and proceed to a hearing.
The procedure described is in effect a hearing, therefore Section B of Part 5, Hearings and Decisions, applies. The sailing instructions may change rules
63.6 and
66, so that witnesses are not allowed at a hearing, and a reopening of a hearing cannot be requested. However, the right to appeal may be denied only under rule
70.5.