Part 2: Arbitration Arbitration awards Section 16: Arbitrator: assessment of "viability" and "solvency"
This section sets out the aspects which an arbitrator must consider when determining the viability of a tenant’s business, and the solvency of a landlord.
	Subsection (1), paragraphs (a) to (c) provide examples of evidence which the arbitrator must, so far as known, consider as part of their assessment of viability of a tenant’s business. Paragraph (d) allows the arbitrator to consider any other information which they consider appropriate to determine the financial position of the tenant.
	Subsection (2) provides examples of evidence that the arbitrator must, so far as known, take into account when assessing the solvency of the landlord. Paragraph (a) includes "liabilities of the landlord" which would cover rent owed to a superior landlord. Paragraph (b) allows the arbitrator to consider any other information which they consider appropriate to determine the financial position of the landlord.
	Subsection (3) states that when conducting their assessment under subsection (1) or (2), the arbitrator must disregard the possibility of the tenant or the landlord borrowing money or restructuring their business. This means that tenants or landlords will not have to accrue more debt or reduce their workforce (if applicable) to prove that they are, or can become, viable or solvent.