SARCO-SRI LANKA – SAARC ARBITRATION COUNCIL

PARLIAMENT OF THE DEMOCRATIC
SOCIALIST REPUBLIC OF SRI LANKA
ARBITRATION ACT NO. 11 OF 1995 (Certified on
30th June-1995)
Arbitration Act. No. 11 of 1995
(Certified on 30th June-1995)
L.D. – O.10/93

AN ACT TO PROVIDE FOR THE CONDUCT OF ARBITRATION PROCEEDINGS: TO GIVE EFFECT TO THE CONVENTION ON THE RECOGNITION AND ENFORCEMENT OF FOREIGN ARBITRAL AWARDS: TO REPEAL THE ARBITRATION ORDINANCE (CHAPTER 93) AND CERTAIN SECTIONS OF THE CIVIL PROCEDURE CODE (CHAPTER 101): AND TO PROVIDE FOR MATTERS CONNECTED THEREWITH OR INCIDENTAL THERETO.

WHEREAS it is necessary to make comprehensive legal provision for the conduct of arbitration proceedings and the enforcement of awards made thereunder:

AND WHEREAS it is necessary to make legal provision to give effect to the principles of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards of 1958:

BE It therefore enacted by the Parliament of the Democratic Socialist Republic of Sri Lanka as follows: This Act may be cited as the Arbitration Act No. 11 of 1995 and shall come into operation on such date as the Minister may appoint by Order published in the Gazette (hereinafter referred to as the “appointed date”).

PART I PRELIMINARY

The provisions of this Act shall, subject to the provisions of Section 48, apply to all arbitration proceedings commenced in Sri Lanka after the appointed date, whether the arbitration agreement in pursuance of which such arbitration proceedings are commenced, was entered into before or after the appointed date.

Where arbitration proceedings were commenced prior to the appointed date, the law in force prior to the appointed date, shall, unless the parties otherwise agree, apply to such arbitration proceedings.

Where the State is a party to an arbitration agreement (whether in right of the Republic or in any other capacity) the State shall be bound by the provision of this Act.