TNAG-1515-FCO40-2076-Bridges-and-tunnels-in-Hong-Kong-1986 — Page 98

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

(Cap. 341.)

(a) shall, if the appeal is against any decision of

the Director and the failure of the appeal would

result in the company appealing being held to be

in default under Part XII 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. 341.)

(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,