The 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
, 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