Part 2: Arbitration Arbitration awards Section 15: Arbitrator’s principles
Subsection (1)(a) states that the first principle is that any award should be aimed at:
preserving the viability of the tenant’s business in cases that fall under section 13(4)(a), or
restoring and preserving the viability of the tenant’s business in cases which fall under section 13(4)(b),
so far as that is consistent with preserving the landlord’s solvency. Provision as to an arbitrator’s assessment of viability and solvency is set out under section 16.
	This means that, providing it preserves the landlord’s solvency, an award providing relief from payment should prescribe the amount and type of relief of payment that would preserve or restore viability of the tenant’s business, taking into account the second principle in subsection (1)(b).
	Subsection (1)(b) states that the second principle is that, so far as it is consistent with the principles in subsection (1)(a), tenants should be required to pay protected rent in full and without delay. This means that tenants that can pay the protected rent debt, should pay.
	When an arbitrator considers the viability of a tenant’s business and the landlord’s solvency, they must disregard anything that the tenant or landlord has done to manipulate their financial affairs to improve their position regarding an award. This is to stop ‘gaming’ of the system and ensures that awards are made based on financial information that accurately represents the status of the tenant’s business and the landlord.
	Subsection (3) sets out what is meant by landlord’s solvency for the purposes of this section. A landlord is considered solvent unless they are, or will become, unable to pay their debts as they fall due.