By Abdul Ghani

 The government is set to establish a Special Economic Zone Appellate Tribunal under proposed amendments to the SEZ law for expeditious resolution of disputes with direct appeal to the Supreme Court, according to a document available with Wealth Pakistan.

According to the proposed SEZ (Amendment) Bill, the tribunal will have the authority to determine all matters related to the Act, including rules, regulations, and the overall operation and implementation of SEZ policies. This includes decisions and actions taken by key bodies, such as the Board of Approval (BOA), Board of Investment (BOI), SEZ Authority, Approval Committees, and zone administrators.

The tribunal will serve as an independent adjudicating forum, ensuring that disputes arising from regulatory decisions, compliance issues, and administrative actions are resolved in a structured and timely manner. However, the jurisdiction will not extend to service matters concerning civil servants, as defined under the Civil Servants Act, 1973.

Under the proposed structure, the tribunal will consist of a chairman and two members appointed by the federal government on terms and conditions it determines. The chairman is required to be a person of known integrity and competence with at least 20 years of experience in commercial or relevant legal matters, while the members must also possess professional experience of at least 10 years.

The amendments further clarify that the tribunal will exercise powers equivalent to those of a civil court, including summoning individuals, requiring document production, and examining evidence. The proceedings will follow established legal procedures to ensure transparency and accountability.

In addition, the tribunal will be empowered to review and decide appeals against the orders passed by SEZ authorities. Any person aggrieved by a decision or order may file an appeal within a specified timeframe. The tribunal’s decisions will be binding, though provisions exist for further appeal to higher courts, including the Supreme Court, within a stipulated period.

The proposed law also emphasizes procedural clarity, requiring that tribunal decisions be made in writing, with reasons clearly stated. It also discourages unnecessary delays by limiting adjournments and encouraging expeditious disposal of cases.
Experts view the establishment of the tribunal as a critical institutional reform that could significantly enhance investor confidence. By ensuring a predictable and efficient dispute resolution system, the government aims to create a more business-friendly environment within SEZs, which are central to Pakistan’s industrial growth and export-oriented strategy.

The move is part of broader efforts to modernize the legal and regulatory framework governing SEZs, aligning it with international best practices and addressing long-standing concerns of investors regarding legal certainty and administrative transparency.

If implemented, the special tribunal is expected to play a pivotal role in strengthening governance, reducing litigation delays, and promoting sustainable economic activity in Pakistan’s Special Economic Zones.

Credit: INP-WealthPk