Chapter:	393	Title:	TATE'S CAIRN TUNNEL ORDINANCE	Gazette Number:	L.N. 38 of 2011
Section:	53	Heading:	Appeal by the Company	Version Date:	01/06/2011

(1) If the Company is aggrieved by any decision to which this section applies it may within 14 days of the notification to it of that decision, or such longer period as the Governor may allow, appeal against such decision by giving written notice to the Governor that it appeals against such decision and in that notice specifying the grounds upon which the appeal is based.
(2) On receipt of a notice of appeal under subsection (1) the Governor-

(a) shall, if the appeal is against any decision of the Director and the failure of the appeal would result in the Company being held to be in default under Part X or if it appears to the Governor that this would be a probable result of such failure, refer the appeal to arbitration under the Arbitration Ordinance (Cap 609);
(b) subject to paragraph (a) may, where it appears to him that the issues raised by the appeal are matters of engineering practice, questions of the interpretation of the project agreement or other matters appropriately referred to arbitration, refer the appeal to arbitration under the Arbitration Ordinance (Cap 609),