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COURTS DESIGNATED TO TRY SUITS AND NOTIFIED OFFENCES:

The State Government, in which the Special Economic Zone is situated, may, with the concurrence of the Chief Justice of the High Court of that State, designate one or more courts to try all suits of a civil nature arising in the Special Economic Zone; and to try notified offences committed in the Special Economic Zone.

APPEAL AGAINST DECISIONS OF THE DESIGNATED COURT:

An appeal against any decision of a designated court can be filed in the High Court of that State, within 60 days from the date of communication of the court’s decision or order to the appellant.

An extension of a further period of 60 days may be granted by the High Court, if the appellant can show sufficient cause for the delay in filing an appeal, to the satisfaction of the High Court.

APPEAL AGAINST ORDERS OF THE APPROVAL COMMITTEE:

Any person aggrieved by an order passed by the Approval Committee for setting up of a Unit in a Special Economic Zone or for cancellation of the Letter of Approval for the same, can make an appeal to the Board, within 30 days from the date of communication of such an order to him.

If an appeal is preferred after the expiry of 30 days, the appellant must show sufficient cause for the delay by making an application in this regard and supporting it by an affidavit.

The Board, upon being satisfied with the appellant’s cause for delay, shall admit the appeal for reasons to be recorded in writing, before the expiry of 45 days from the date of communication of the Approval Committee’s order to the appellant.

After considering and giving a hearing of the appeal, the Board shall pass the appropriate orders and give directions to give effect to its orders. The Order of the Board shall be in writing and after signing it, the Board shall cause it to be communicated to the appellant and to the Approval Committee.

REFERENCE OF DISPUTES TO ARBITRATION:

Any dispute of a civil nature arising in a Special Economic Zone among two or more entrepreneurs / two or more Developers / an entrepreneur and a Developer, shall be referred to arbitration, if the court or courts to try suits regarding such dispute have not been so designated by the State Government.

No dispute shall be referred to arbitration on or after the date of the designation of a court or courts by the State Government to try suits regarding such dispute.

A dispute which has been referred to arbitration shall be settled or decided by an Arbitrator appointed by the Central Government, in accordance with the provisions of the Special Economic Zone Act, 2005, and the Arbitration and Conciliation Act, 1996.

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