4o/ . A 14 f o- PARLIAMENT OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA i ARBITRATION | ' i ACT, No. LL OF 1995 o [Certified an 30th June, 1295} . ~ Printed on the Order of Government w | Published as @ Supplement to Part IT of the Girette of the Democzatic a Socialist Republic of Sei Lenka of June 303005 re See of Ce Yat fae - ‘ome roman AF FE COVRNTDIENT FURAGATONS FEAL, COLINDO T. Pelee: He 1.30 Postage: Ra 25~ Dome sep ance) too Avbtecton Act, Ho. 11 of 1993 Icertifed om 20th June, 1008) : J Lp0.10/98. ‘Ast Act 20 moving #0R TH CORDUCE OF AMRITRATION 710" ‘lon Which provide 2 sosord of the agreement, 4 Any dispute which she pertios kave agreed to subaait to achitrtion under an exbitration agreement may be fetermined iy sxbitection vnless the matter in respect of \whlah the arbitration agreement fs entered into fa conizary fo public pulley or, is not cepaile of determination by achutcation, al 5 ‘Whereja verty wo an erbitaifon agreement institutes Jegal proceedings to a cost against another party to such ‘agrarmeni in reepact of « matter egread tn be submitted for srbiiralen sider such agwcement, the Coust shell hare mo 4vristéction to hear end determaine eueh matter if the other Barty chests to the court exerlsiag jurisiton in seapeet of euch matter, 2 PARTIR ' Comeesmow oF mm Anema, Tuomas, &. (1) The parties shal Lo free to determine the number of eritrators of an arbitral tribunol eubject te the provisions of subsection (3) of this secon. 2) Where no sick detetindnaiton fs medo, the number of arbitrator, all be three. (© Mere the parties oppoint en even number of ecltzlars he atbitretos a: eppoiated shall jlatly appt 9m adisocal arbitrator wo shall ct az Chairmen, 7 (I) The parties shall be fre to agree on a procedure for appointing the asbitsators, subject to the provisions of this ae o at OS r ‘Arbitration Act, No, 11 of 1098 3 @) Tm the absence of such agement — (0) in on arbitration with w sole arbitrator if the Bartioa are unable t agree on the arbitrator, ‘hat arbitrator shalt be appoloted, on the application of a perty by the High Coust (®) fo on arbiteation wit three wtrators, ech patty shall a9point one arbitrator, and the tw9 ‘arbitrators thus appointed shall appoint the ed orbitrater; it party fala to. appoint the arbitrator within sixty ays of recepit of 4 request todo s0ifom the other pary, or if ‘the two arkcretors fall to agree ch the tnd srbttetr within sty days of Weir eppalnte ment the apyointnent soell ke made, upon the applicaon ofa perty, bythe High Court. (3) Where, under an appettarent procedure agreed upc by the parties (6) a purty fll to ct as required under sach procedure; @) the pestics, ox the arkitrators, are unable to reech, fan ogreement requirea of them under sea Procedure ; oF |) (Btn party, including an insituton, falls to perform, ‘any fonction assigned to sich third party under such procuure, ‘any party may apply to the High Court to fake necessary ‘mesures towerds the appofstment of the arbitrator cr subitratore, (© The Wigh Court shall m appointing an arbittstor, Ihave duc regard to any qualifeations required of aa | abitrstor unter the agreement Letween the parties end to such considerations as aro Likely to sectre the appolatiment of on inependent and tmmpartlal arbitrator. 8 (1) The mandate of en erbitretor shall terminate it ‘uch ezbitrater becomes uneble ty perform the fimetions of ‘that ollie or or any other reason file to act without unde Aelay, or dies or withdrams from offce or the parties agiee on the termination, Termination ‘Srovtrae fhe andate Srdeanoval Beater4 Arbitration Aey, Ro, 11 of 195 (2) Where on erbitretor unduly deleys fn discharging the Guties of his fice tho High Court may upen the appllcation| ofa party, reuove such etbitesior and eppoint enother arbitsaior im bis place: Provided however tat whee the parties beve 50 agreed, such removal ard appointment abali be made by an arbitral inatitation. (@) Where the manduts of en erbitretor is termincted, pro- coedings shall not be hed downovo unless the rertios otherwise agree, | | 8. Where the mandate of an sxbitrator terminates under section 8, a substitute arbitcator shall be appointed Jn tbe ‘manner agplivable to the eppoiniment of the arbitratoe ‘whose mendate bs terminsted. 10, (1) Whore a person is voqusted to accept appoint tnoat as an arbitrator, be shall ft dieowe any 2tume- teaces Wely to give se to Josiiable doabte 28 0 his Smmpars:y of Independence, an shal, from the ime “ot his appsurzscat end throughout the arbirel procadings, disor what delay eny errarsancer refered of this susection dy wl the peries and to the vther areitetory unless they have alealy beens informed bythe exbitaton (2) An arbitrator may be challenged only if circumstances ‘exis! that give rise io Justidisble doubts as to his impartiality for indegenilence. A pacty mey chellonge an arbitrator appointed by him, or in whos apprintment he has ‘acticipated, enly for reesnms of which he becomes aware aller the appulnimeat wes made, (3) A party who seoks to challenge an arbitrator shall, ‘unless the parties have desided that the decision shall be ‘akon by some other persea, fist do ao before the arbitral ‘tribunal, withia thirty days of bis becoming aware of the ccimmumstences which give rise fo doubts about the arblraiors’ knpaitialty or independence, (4) Where 2 perty who makes an spplleation to an. sasbittal tribunal under this section, is dissstisficd with the onder of the tribunal on exch aprtieaton, he may within Ahinty days of the receipt of the decision, appeal from that ‘onder to the Mig Court, } { { { | Arbitration Act, No, 12 of 1995 5 PART Iv Jonsepicriow OF mee Anarnnat. THIRUNA AL (2) An Ambit tlbural may rule on fis jurisdiction Including exy question, with respect fo the existence or validity of the arctration agreerant or ss to whether such fgreemen; is contrary to yablie yalley or ts incapable of ‘being performed ; Lut any perty 4, the esbiteel proceedings may apply tw the High Court fur a determination of any sea question, (2) Where an application has keen made to the High Y scourt undar subsection (1) the arbitral txibona? ray ‘eontinue the arbitral proceedings pending the detexminstioa ‘of suck question by the High Court, 32 An arbitration agreement which forms pest of nother agreement shall be deemed to constitis a sepstete bercement when ruling upon the validity of thet arbitration agreement for the purpose of determining the jurisdiction of the arbitral tribucal. 13, (1) An arbitral ribunel roay, et the requact of ‘part, order any other perty to take such interim measures fs 1 foxy earsider necessary 10 protect or secure the claim ‘whigh forms tne subject matter of the dlspute. The arial tribunal may also order the party making such request wo provide the party ordered to tale such interim measures, vith security for any expense, loss or damage that may be cused lo taking such Interim measures: Provided howreoar Ma, ether then in excoptionsl cases ne such order shall be matle excep after hearing the other paride (2) An onder of an arbitral tritunal requiring the taking of interim measures may be enforeed by the Hh Court, cn aan application mede therefor, by the party requesting the eldng of such interim measures. (3) An epoticatien to the Wigh Court, under subsection (2, for the enforcement of Interieg mearures, shall be Avoimed no} to be incompatible with seetion 5 or the arbitrae ‘ion agreement or a walver of the agreement 1M. (1) it shall not be Incompatible with arbitration proceedings for aa arbitral tbunal fo encourage settlement of the diopute and, with the zgreement of the parties, ine arbitral teibana) may use mediation, conetiaion oF any other procedure at any time during the arbitral proceedings ‘to encourage settlement. 29 cons Gaps) Sesitra, Titan, cern o Protection.6 Arbitration Act, No. 11 of 195 (2) If during arbitral proceedings the perties cote the Gispute, the erbitral tribunal suall if requested by. the [arties, record the sottleatont inthe form of a arbitral award on agreed terms. (6) An arbitral award on agreed terms shall be made in secordance with section 25 and shall state that it is an ‘rbitral award on agreod terms, (4) An arbitral sward on agreed terms has the same fetus and effect us any other arbitral award mnade, in respect of the dispute, PART Coxpucr o” Anerson Paoceminss 35. (1) An arbitral tribunat chell deal with any dlspte submitted io st for arbsteation in an impartial, practical snd ‘expeditious manner, (2) An arbisal tribunal shall afford all the parties an opportunity. of piessiting thir oepective cas. In wiiting or orally apd Yo examine all documents and other macesial fomiched wt by the otter parties or any other petson. The arbitral tribunal may, at the vequest of a party bave an oral hearing before cetermining any question belore it 6 Aa ual tmnt nay, stotwanding te tance ‘ply witant coaube cue aeat | bee or tecomly wt any cater na toate te eal prcetngs td dee he Cops ee ati wine (8) Parties ray, introduce new prayts for tele provided ‘that such prayers for relief fall within. the ssere of the aro ration agreement and it fs not ato to assert ‘thom having vegard to the pomt of tims at which th y ara {introduced and to other circumstances, During the course ‘of such proceedings. ef her party may, on like conditions, ‘amend oF cupnlement prayers for rl intrediced earliee ‘and roly on new eizeumstances in eupport of thelr respective cases, i | 16. (1) The parties to em arbitration proceeding shall be ‘ree to agree on the place of arbtration. Fail ng such agrees iment, the place of arbi retfon shel: be determived by the arbitral teibuna! having regard to the citeumstaices of the ‘cme, inluding the convenience of the parties. Arbitration Act, No, 11 of 1995 7 *@) Notwithstanding the provisions of subsection (1) © providing for the place of arbitration, the arbitral wibunal F inay, uilece otherwise ugreea upon ay the passa, meet at any place ic considers appropriate for consultation among ts members, for neering witseses, expests cL we parties | oF Jor nection of yocds, ether property or dnc-ncnts, 17, Subject to the provisions of tis Act, the pertis shall tbe fice to agree on we procedure to be tollowed by the ‘aroitral tribunal in conducting the proceedings. The power ‘confersed upon the artiteal tibunal hull inelude the power {o de ermine the adialssibility, relevance, end weight of eny ‘evidence. ‘An arbitration shell he deemed to have been com smenced (0) a dispute to whien the relevant arbitration egreee ‘ment apples hut arisen and ~ (&) a party to the agreement~ . @) haz received from another party to the ‘agreoment a notice requlcing that party to refer, 0: Wo concur in the reference of, the dispute to arbitration: oF i) hes received from anather party to the agreement 3 notice requiring that party to appoint un arbitral tribunal or to join oF foneur .n er approve the appotntment of, an arbitral tribunal in relation to the dispute, 18. (1) Unless 9 contrary intention is expressed in the arbitration agreement, any decision made Jn the course fof arbitral proceedings, Ly a majorty c/ the arbitrators sd fling « mujra. deeaen al te arttate appointed by the other exb traors or where In terms of ‘ho erbitration agreemont cr this Act, there ia a Cheleman, ‘the decision of such Chairman, shall he binding. (2) Where there is a Chairman of an arbitral tribunal, ‘the Chairman shall Have the power to administer the ‘conduct of the arbitral proceedings. 28. (1) Any party to am arbitration agramentheving sfc te prorat in wing eat tribunal may apply othe High. Court dor eommone Teqsiring'» pein fo atend for examination before the tribunal and to produce io the tual any COCunent OF ‘ing specifd fa the eensRetuat oe ‘ilure Bttend tesore erica tnlanal, 8 Arbitration Act, a, 11 of 1995 (@) A person shall cot bo compelled under any saramons fsued in accordance with subsection (1) 10 answer any, guest'on of produce any docursent of thing which thet Person cock: not be compelled to answer ex produce at the trial in an action betore court, 21. (0) Unless otherwise agreed upon by the parties whore any person not a party to the arbitration asroement (@) refuses or fails to attend before the arb’tral tribunal for examinaticn when enquired under sunmous ‘or by the artitral tribunal te do so; (9) appearing as a witness betore the arbitral tribunal" ) refuses or fails to take an oath or make am affirmation cr afldavit when required by the arbitra! tribunal te do $0; of iy refuses ur faite to answer a question that the witvess Is required by the arbteal tribunal te answer, or (i refuses or fails to produce @ azeument that he ts cequred under eumons or by the rbiteel Utbunal te pred or . (©) refoson or sits to do euy other thing whieh’ the arbitral tribuna! may reuse, the High Court may order the deteulter to anpecr before the Court for examination or to produce to the Coutt the ? relevant document or thing or to do any relevent thing Uae mn proceedings makes an applications) 8 party to the arbre to Court in thot bebalf. @) No such appitestum shall te made exsapt after ‘tive to the other norties and with the prior sanction of sensent of the arbitral tribunal and no order shall be made under subsection (1), unless the court efter heari the detaulter consiters tha! it ie necessary in the ciwumee tances to make such order. (3) Where the court makes an order under subsection (2) it shal io addition male an oder for the transmiston to the arbitral tribunal of-— (0) a record of any evidence given pursuant to an ordor ‘mate under subsartion (1); (®) ny cocament oF thing produced pursuant to en | onder under subsection (3) or a copy of any auch 4 document ; oF } Arbitration Act, No. 1 of 1990 ® F(e) particwars of anything done pursuant to an wer Ae ? Fer bln (i)und anf ssh vee, Sets ment or thing shall be deemed to have been give, produced or done, as she case may be in the course of the arbitration proceeding. [evidence before the arbitral uibunal may be gtven ocally, “= (2) Unless otherire agreed upon by the partis, an ar- = G) Unles otherwise acre upon by the pers, an tbi- {eal tibanal fm conducting procovd:ngs in pursuance of a3 _[grbitcaion agement ell not be bound bp the provsons ‘of the Budense Orinane. 23. Unless otherwise agreed in writing by the parties to the arbitretion agreement, a party i an azbitration | agreemect— (may sppese efor the sua nal personaly eee were the party ise ty of poate ee rerio snmp by an oes plese oe agent of tht boty a (0) ey be reoreteiad by an alfrneyatew f the py dane accordance with such rules of low az axe chosen by the artes as oplkabl to ite utstance ofthe dsmte, Any dexignaten ofthe In ot legal systems of «given Stae shal be construed, unless otherwise expressed. a0 rofarsine 10 ‘the cubs‘antive law of that State and not to its cnfllet of| ews rules, igst ies to any awe 2) alg any designation by the pates to ay tion apeomor oe seated Wha dal ale ea determined by the cnkst of lews tues which cone cern pple (0) The prensa astetlons (1) amd (2) shall pez nly tn the ete aot to by tho pet, (9) Th acl na sill de accortng to cone sirens of gees juss and tance op lene tages tng ifthe paves hace cxpreslysuhavod it todo 26, (1) Aa. eblteal tbunal shell deride the Shpute fa Evidence oe eet ca Regreertae aeee ton ue wend pry evans, » Arbitration Act, No. 11 of 1995 PART VE Avwamas 25, (1) The everd sha be race tn wring and aa te Signa hy the exes eosin Be este sue val Inala proxengr wri hore ban ve aria, ti squire of too najsty oft wens of ea wa surat hl sue, pied thatthe rena fo ay oned gts isto (2 The avord shal sate the sons upon whieh base, unlem the puts Rave apron! lht'oo even sre foe aris enad en sara aed eet (3) ‘The avrard shall sis‘e ite date and place of erbitre- tion as doterm ned in accordance with section 16. The award shall be deemed to have ben méde at thet plece, (1) After the award Is made, a copy signed ky the arbi ‘ators constituting tho arbre] tribunal in azcordance with Subeestion (2) of this serti shall be delivored to each pry. i 26, ‘Subject to the provisions of Part VIE of this Act, the ‘award made by the arbitral tribune} shal] be final and binding on the pasties to the arbitration agroemnent, H. (1) Wiis foot days of reodot of she aman ues enener prod of ns hes beet agent on bys Dery holier atthe teu of tbe efbral ana ot Soerttoe (© party, wth net te eter party, may reget the arbitral tribunal PAE, may co () corre the aac any eroes n eomeutie tes. any clea or tongrghiel ero er orion orm etrocsofa na eats ot G3) to modify tho award where a pat of the award Is uoon 1 matter not referred to arbitration, ‘ovided euch port ena be seperated from the other pact and dos not affect the desision on the matter relerzed ; {0) {£50 azreed upon by the parties, « party, with notice {2 tie otter party may request the atta banal fo give an interpestation of a specie eo mk specie point or pert Arbitration Act, No. UL of 1980) tad (2) Jf the acbitéal trtounal considers thie request fo be justified, i shall make the cores.ion, modification or give the interpeetation within fourtern days of the receipt of ‘he request, cr such looger veri as the parties muy agiee to, at the request of the arbitra tribunal, The interpreiar ‘dea abell form part of Uke award. . (@) The orbital tribunal seay correct any error of the type referred to in sub-paragraph (1) of raragrash (c) of subsestion (1) of this section, on Ite owa metion within fourteen days of the date of the award, (4) Unless otherwloe agreed upon by the parties, « party, with notice tothe other party, may request the arbitral tre ‘una within fourteen days ot recelpt of the aivaid to mae fax adéitional eward a to claims prosented in the arbitral ‘proceedings but omitted from the award. If the arbitral sci~ ‘bund after hearing the other pertice, covsdere the centest to be justified, it shall make the addtional award within thirty days of conclusion of the hearing, (6) The provisions of soction 28 shall apply to 2 cores ‘ton, modifieation or interpretation of the award or to en additional award, 28. Unless otherwise agreed upon by the perties where ‘an arbitral telbunal makes on awerd for tho payinent of money (whether on s elaim fora Liouidsted o unliquidated amount), the arbitra tribimal may io the award, order is: ‘torost, af the rate agreed upon between the parties in the arbitration agrcement or in the absence of any such ogres ‘mont, at the legal interest prevailing at the time of making “the atbitrel award, to be peld on the principel sum ewerded, ‘from the date af commencement of arbitral proceedings ‘to the date of the award, in addition to any interest teworded on such prineipal eum for any peviod prior to the {institution of arbitral proceedings, with further interest at the aforcesid rete on the agerezcte eum eo awarded froma the date of the eward to the date of payment or such ear~ ‘er date as the arbitral tribune) shinks 29, (1) The partes shall bo jointly and severally lable for the payment of reasonable corspematton to the arbitra tors consitriing the arbitral tribunal for their work and ‘ishursements: Provid-d however that when the arbitral tribune] deelorez fits sword thet it has na foviedetion to decide che die, ‘pote, the rerty who did rot request the arbitration shall be PVs fer sock payment cnly if there are exceptional circums, tances which warrant such payment by him, oteros, compen ‘ton ot Shition,Avraed aot 2 ‘Arbitration Act, No. 11 of 1995, (@) Toe nal award shall order ths payment of compensction t each af she atbitrators eonaituting «he arbitral tfoceal in such eum, ant within such period, ag ay be specified in the award, with Jegal interest on each ‘such sum caleilated weth effect from the eate of expiration of ¢ period ef ane month trom the date on which the award ‘was delivered, (3) The arbitral tribunal may order the ‘Payment of epost wf seewsiy by the partis for the payment of the crpeasstion of the arbitrators constituting the atl feibaue} ia sueh sum end within sich period et may be seecfed in the order, Separate deponts of secunty may be Ordered in resect of sech prayer for seit (9) Where © party fails to pay his shore of (he deposit Of security ordered by the arbiteel teibumal within the Petiod specified in the order for payment of “deporit of accusity, the other party or parties may Fey the wale af ‘the ceposit of secarity ordered. (©) Where nose of the parties pay the depost of security ordered by the arbitral nibunal. within the peviad ‘spectied in the order for the paymant of the doposit of security, the arbitral titunal may terniate tha arbitral Provesings, (8) ‘The arbitrators constituting the axbiteal tribun.t ‘may, during the course of arbitral proceedings, drsw on uch depoat or security, Ler the purpose of meeting their expenses, 9% An arbitral tibunal shall not withhold delivering is ewerd peoding the payment of the compensition payse fe to the arbitrators constituting the arbitral tribunal, PART vit Apecieatiow mo Cours Reuarors zo Awanns (Iesvunane ‘Racooxarton aso Bxroncumnnr op Fonte AWaRts) 34 (1) A party to an arbitration agreement pursuant fo which an oxbiteal award is made may, withiz one year efter the expicy of fourteen days of the making of the ‘axard. epvly to the High Cour fer the enforcement of ‘the award. Arbiirasion Act, No. 11 of 1989 B ©) An application to enforco the award shall be # acompimied by— F740) the caiginel of the award or & duly cecitNed oopy Sof susa award; and 8) cand aitnion agcncn! ser which he Seber ba eee rte ie ‘ed cr ut aes feast ‘ie punpise of this sbsection cons of en avard ce Aba agreeset Shs! ve daeied 10 ave buen cee im Court at as ot fa eetibed; or otherwise cortied to the eatisfation of 1) I a locaron: or bart of @ dosamant prodaeed under ‘eboection (2) tp writer an 2 Fanguage other thom the “ella! enguage of the court or other than in Enilish, hare sll b0 produced ith the document a. teetletion Fae such ois! Fenguave, ur fn the English Ianguage, ot © ‘that document ox that pat, asthe ese nay be, ofa tp © Be w cones translation (4) For tho ponposes of subsection (2), a translation ‘ahall be certiied oy an olivia e= u sworn translator or by dbplamaise vr a consaiar gant iw Sei Lane of the eoustry Which the award was ade or otherwise te the satislace ‘Hon of the Cour, (8) A dvcument pmduoed to the court in azzordence {With this section may upon its pu-duction be reesived by ‘the Court as sufficient evidence of the matters to which 4 relates, (6) Where an application is made under subssetion (1) ‘of is section and there is no applicetisn for the sexing ‘sie of such eward under section 32 or the court secs no ‘cause to seftse the recognition and enforcement of such ‘ward under the provisions contained in sections 33 and 34 ‘of this Act, it shall on 4 day of which novice shall be given ‘te the part, prrosed to ile the award ond give judgment ‘according to the award, Upon the judgment so given decree sholl be entered, | |applic ras al ewes, i Arbitration Act, No, 1 of 1955 82 (1) An arbitral award made in an arbication held 4 Sci Lanka may be set aside by the High Cour, om ‘pplication :oade therefor, within sisty days of the receipt cf fhe awsrd— (2) where the party malding (he application furnishes prot that (i) party to the arbitration agseemont was under foine ineapanty or the soll ogreement 1s not ‘valid under (e law ce which the partes have subjected it o, fling any indicetion om that suestion, uncer the law of Sri Lanks ; oF Ui) the party making the application wes net giver reper notice of uke appoiniment of am arbitretor or of the arbitral proceedings oF ‘wor ethorwie unatle to prosent his case ; OF 1 ascend dosle with » dispute not contemplate ced by oF not falling within the terms of the submission to acbitratica, or contain docisions on mattars beyons the stepe of the submission te arbitration: Provided however that, if the decison on motlers submitted to erbitration ean be separated from those not so submitted, only «i hat part of tho ewerd which contains / Gosisions on maaltert not submitted to ‘ubiteation may be mt aside j or (Gv) the composition of the arbitra) tribunal or the ‘arbitral procedure wes mol ta aconmtanca swith the agreement of the parties, unless uch agreement was in condict with the provisions of this Act, or, in the absence of ach egteement, wes not in accordance with the provisions of this Act or () where the High Court finds that— 12) the subjoct matter of she dispeto is not expable of settlement by exbitration under the Iw of Sri Lenka: or Gi) the erbiteel ewerd is in confict with the public policy of Sri Lenka, Arbitration Act, No. 11 of 1886 5 (2) Where an application is mse to svt aside an award, the High Cour! my onder that any money made payable by the sivard saell be brought iste Court or otherwise secured peuuing the doterinaticn of the application, 3, A foreign cbitent aura ievoepective of the eountty Rowen, fm which it gas made shall subwect th the provisions of WR S24, section 34 a ‘echelied as binding and, upon aplication tndga Count, be enkrond See fin accordance wth the provisions of “SM ition milo cement of a foreign arbitral Grounds Teme counry to whi Hes Made, rae 5 tines ae she poy serine whom ft tt ‘py formes oth Court whee for ennecmeny is soght, pre! tht Tipsy to tho arraen agree was under ove Input, ofthe sk green 829 wal unde the le fo nich the part ove sikjced iter fain any ination trio he lew fo whieh tho parse Have Subjected such agement, ander th lw of the enUnry whee he wd ade oF {uy ‘te party agains! whom the award is invnked was nct given proper notice of the appoint. ‘mont of en arbitrator or of the erbitrad proceeding of Wes olhervlse unable to ‘present his ease; ot {G) the award dels wich the dispute not contem= ‘plated by or not falling within the terms of ‘ho subrlssisy ¢9 orbitration, of tt conteins the scope of the Provided, however thet, the decision mutters eubmitted lo erbtration can be separated from thece not so submitted, that pert of the award which eontaias a decision fon mates eubmated to arbiteation, may be recognised ond enforced; or6 Arbitration Aet, No. 11 of 1995 (i) the composition ofthe aca tibunal or the Ssratral prose wor aol in_ aceordance ‘wth the aereemert of tne pars of, Inthe Bsosexce of such agreement, was not iB fsrordance with the law of the eoaniry where the aritraton tok place jer (6) the aovaré has not yet become binding on the partes or has been set asde or suspended by {court ofthe county in hich or uncer the Taw of which, that award was made or (0) 1 the Cort finds that (i) te aubjectater of the éavute i not capable of ssttiomect oy abiration under the law of Sri Lanka; or (W) the recognition or enforcement of the ewerd ‘would be covtrary to the public policy of Sri Lanka. (2) tan application for sot elde ot sapention of an vand hs been made toa court on the ground rcfrred to fn subsporaraph (1) of parageph (a) of subsection (1) of thie seein, the court where recoglion or enforcement sgh may, H€16 considers ¥ proper, acjourn Bs derision tnd may ste, on the application of the pay elalming recogaiton or enforcement ofthe award, order the ther pasty 10 provide appropicte securly. Arbitration Act, No. 11 of 1995 Ww {2) No order shell be meds by the High Court under sue orton (1) unless (a) all the postes to the arbitration request the making cof cuch order ; of (6) one of the parties to such arbitration requests the ‘making of such order and the Court is eatiefod ‘hat there ate grounds for invalidating the award. 3. (Q) Subject 9 subsection @) of this section, no ‘apoeal or revision shall Se i roapect of any order, judgment for decree of the High Court in the exorcise ofits jurlsdie- “ton onder this et except ¢7om an order, judgnent oF decree of the High Court under this Part of this Act, (2) An appeal shail Ile from an order, judgment or decree gf the High Court roforred to in subsection (1) to the - Supreme Court only on a question of law snd with the © eave of the Supreme Court first obieined. (6) The Supreme Court may in the exorelse of ss juris - Gicion uncer subsection (2) of this section afr, reverse Joe vary the eres jalgmsnt oF decree of the High Court, | sgubjest to the provisions of this Act (4) The parties to an arbltretion agroument may agree Tix wneng (neseater relesed to a on “exatin opment") to exclude any tight to eppesl in relation to a hoard. ‘38, (0) Tho Supreme Court shal notin any event grant Exclusion S38, (0) The Supreme event grant Bac 35. (1) Where application filed in eourt to enforce aa. Boner to EE oe Der tone ade an avard are pending, tho cout, fo deve (0 eppel under subsection (2) of section 37 if there fs See al eanolate the epplenlons “in force an exclusion agreement between the carties to the wun “arbitration agreement in relation so the award appealed fevlicton (2) Where an eppllcation to set aside the award undo au Ee tow Of an avard. section 32 ss been refused, the court sboll not permit a party to an arbitration to abject to the enforcement of the ‘award on any of the grounds specified in section 1. © (2) An exclusion agrooment may be expressed so as to relate 10 6 particular award, to awards under a pactioular gribtration agreestent or to any other Ueseription of ‘avaris, whether ering out of the same erbiteation Ernie 96.) The High Court map orer the saving of #3 BEIOBESL oatcation to set aside en award for such perlod as it may J agreement or not, consider necessary to enable the arbitral tribunal fo resume arbitral proceedings of to eke euch measures as ciey be necessary to eliminste the grounds for invalidating the awart. (8) Am agreement :nay be an exclusion egrecrcent for ‘the purposes of this section whether itis entered into ‘bevore of after the arpulnted date and whether it forme part of an arbitration agreement or not,Daley ip Proneating 8 ‘Arbitration Act, No.1) of 1995 39. (1) It shall be an impliad term of the arbitration ‘agreement that i the event of 2 dispute arising to which the agreement applies it shall be the duty of the claimant ‘tp exercise due diligence in the proseeution of a cam. (@) Where there has been undue delay by a claimant fm fat tuting or prusecutlng # claim purmant to an ‘acbitration ogreement, then, on the application cf any party to tho disputo, tho exbitral tribunal mey take an ‘order terminating tho arvitestion proceedings, (2) The erbitrel te bunal shall not make an order under ‘subsection (2) unless t is sated — (6) that the delay bas town ftenstonal or inernate ot (©) that the delay will give rise to a substantial risk of ‘it not being possible to have s fair determinction the Issues in the - arbitration proceedinne or ie such a5 Is IKely to cause or to have eased serious prejudice to the other parties to the arbitrstion procesdings elther as between themselves and the la'mant or ‘ecween each other or between ther and a third pasty. (1) A party eggrieved by any order of the arbitral ‘ritunal made on an epplication under subsection (2) may appeal to tke High Cust. PART VIIT Phocerciscs srrowt ri Hict Court 49. (1) Every application to the High Court under the Provisions of this Act, whether by way of appeal or other+ ‘wise, shall be by way of petition and affidavit aa el! partes to the nrhitration other than the petitinnr or petitioners sal bbe named a¢ rospordents to such petition end shall be Biven notice of the sxe, (2) Upon the petition and afMdevit belng presented to ‘the court it shall by order appoint ¢ day for the determle ration of the matter of the petition and grant the parties named ss respondents to the petition a dete to state their objections, if any, in weiting supportad by afidevit, and making available @ copy thereo! to the patitionrs, (3) In proceedings before the High Court evidence shll bbe given by alldavit. But where the court think It right 40 10 da, may rake evidence viva voce in addition to evidence by affidavit. Arbitration Aet, No, 11 of 1906 2 (H) The High Court shall deal with every spplleation under subsection (J) and deliver its determination thereon as expeiitiouly ws posabe, AL Where a judgment is given according to an award sand a decree entered uder the provisions of section 31 (0) it may be enforosd in too same mancer os domes entered ‘under the provisions of the Civil Proveduce Code (Chapter JW1) and accordingly the provisions o: taat Code relating ‘to the execution of deorees shall, rmndatis mutandis, apply 40, such enforcement 42, Where under thls Act notice or summons is required ‘or permitted to be served on any person, the novice or aummons may be served in or out of Sri Lenka— a) by sending it by registered post addressed to that [person to be served atthe usual or lat laowa plase ff residence or business of that person 40) there is no appesrance by that perscm on the date steted thereln, by serving i personally on him ‘through the Fiscal; and (6) if that person delieerately avoids accepting the netise fr summons, by substituted servieo in accordence wits the prosinoas of the Civil Proceduse Coda (Chapter 103). 43, The Supreme Court may make rules with respect (c) any application o appeal made to any Cour? under this Act and the costs of such application or eppeal; and 4) the payment of money into end eut of the Court in satisfaction of a clsim to which the arbitration egreements apply and the investment of such 4G, In calculating the pesiod of prescription for the ‘purpose of ony action, the peciod thet elepsed between the ‘commencement of an arbitration and iis completion, oF ‘termination a8 the case may be, shatl be excluded, PART 1X Garceant, Provisioss As "0 Axerreamion 45, An arbitrator shell not be Usble for negligence in respect of anything done or omitted to be done by hm in the capacity of arbitrator but shall be liable for fraud in respect of anything done or omitted to be done in that ‘eapacity. Enforoe. nents Service of ena tes ooh. Can Cclewtae fon of tne Labi ot ‘Aeuletoreats vary. Repeals, 2 Arbitration Act, No. 11 of 1995 A&._{2) Unless a contrary intention is expressed in the srbitrtion agreement, where a party. to an erbitraine {reement dies, the agreement shall not be discharged and [2s mandate of the arbitrators constituting the arbivnat (2) Nothing in subssetion (1) shall be taken to affect the operation of any enactment or rule of lew by virtue ot ‘which a right of action is extinguished by the death of a person, $10) The Arbitration Ontisce (Cbepies we) 1s CKD B hereby repealed (2) Sections 699 fo 698 of tha Civll Procedure Code (Chapter 101) ae hereby repealed. 48. For the avoidance of doubis, #t is hereby declared {het nothing in this Act shall apply to arbitral proseedings Conducted under the Industral Disputes Act or any other Tow, othar than the Board of Investment of Si Lane Law, © No. 4 of 1998, mating special provision Jor arbitration, 49. In the event of any inconsstney between the Sinhala 0d Tamil texts of this Act, the Siakala text shell preva, smi se soit whe et a et i si tt ut ch ala or snes art ct nn oc ae nee ae Sie Sen eta Cenc Ss a ! oe Order made under section 192 of the Civil 8 1 We Ae ete te ertnt otaie FS requires “Atbittelion Agreement * means an agreement by the portics to submit to arbitration all or certain ise utes whlch have arisen or which may arise hetween. ‘them in respect of a defioed legal reletionship, Whether contractual cr not “arbitration” means any actitration whether or not ‘administered by & permencot arbitral institution ; “arbitral tribunal * arbitrators; means a panel of one or more “award raeans a decision of the exbitral febunal on the substance of the dispute; % I