Part 2: Arbitration References to arbitration by tenant or landlord Section 10: Requirements for making a reference to arbitration
This section makes provision in relation to steps to be taken by a landlord or tenant before making a reference to arbitration; when a reference to arbitration may not be made and the specific circumstances in which an arbitrator may not be appointed and no formal proposal may be made.
	Subsection (1)(a) requires that before a reference to arbitration is made, the landlord or tenant must notify the other party of their intention to refer the dispute as to the matter of relief from payment to arbitration. Paragraph (b) provides for the respondent to be able to reply to the notification within 14 days of receiving it.
	Subsection (2) provides that the landlord or tenant cannot make a reference to arbitration before:
the end of 14 days after the day on which a response is received under subsection (1)(b), or
if no response is received, the end of 28 days beginning with the day the notification under subsection (1)(a) was served.
	Subsection (3) provides that a reference to arbitration cannot be made, an arbitrator cannot be appointed and any formal proposals under section 11(2) or (4) cannot be made, if the tenant which owes a protected rent debt is subject to:
a company voluntary arrangement (CVA) that has been approved under section 4 of the Insolvency Act 1986, where that CVA relates to any protected rent debt,
an individual voluntary arrangement (IVA), that is approved under section 258 of the Insolvency Act 1986 and relates to any protected rent debt, or
a compromise or arrangement, that has been sanctioned under section 899 or 901F of the Companies Act 2006 and relates to any protected rent debt.
	Subsection (4) requires a reference for arbitration under this Act to be made to an approved arbitration body.
	Subsection (5) provides that, after a reference for arbitration has been made, an arbitrator cannot be appointed and formal proposals under section 11(2) or (4) cannot be made if the tenant that owes protected rent is a debtor under certain arrangements on which a decision has not yet been made. These arrangements are where a tenant is a debtor under a proposed CVA or IVA, or a compromise or arrangement to be sanctioned under Part 26 or Part 26A of the Companies Act 2006. Once a decision has been made, the arbitration may proceed if the CVA, IVA, arrangement or compromise is not approved or sanctioned. If it is approved or sanctioned then subsection (3) applies and an arbitrator cannot be appointed or a formal proposal under section 11(2) or (4) made, so the arbitration cannot proceed.
	The aspects of this section which relate to a CVA and a compromise or arrangement under Part 26 or Part 26A of the Companies Act 2006, apply to limited liability partnerships, as well as to companies.