Research Publications

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Promoting Sri Lanka as a Seat of International Arbitration: Lessons to be Learnt from International Jurisdictions
(Faculty of Humanities and Sciences, SLIIT, 2022-09-15) Perera, M.D.C.C
Alternative Dispute Resolution (ADR) refers to a range of mechanisms available for the resolution of disputes such as Negotiation, Mediation, Conciliation and Arbitration, which are settlement-oriented processes, adopted in place of Litigation through Courts that are adversarial in character. Among the said alternative processes, Arbitration is popularly preferred across the globe for the resolution of commercial disputes for the numerous benefits it has to offer. This ease of facilitating international commercial contracts and dispute resolution pertaining thereto, offered by the arbitral process has made it a decisive factor for a country to sustain good international trade and commercial relations. Accordingly, Sri Lanka brought about several mechanisms over the years, procedurally and otherwise, to promote Sri Lanka as an attractive seat of arbitration. Nevertheless, despite the statutory framework, infrastructure, facilities and Arbitration-friendly atmosphere sought to be instituted, the findings from this study identified that Sri Lanka has not performed to its expectations of functioning as a hub of arbitration in South Asia. This study identifies certain loopholes through lessons learnt from other popular arbitration seats. It is recommended to improve and revamp the statutory framework providing for arbitration in Sri Lanka to overcome several 158 anomalies discussed therein, in addition to meeting the gaps in terms of infrastructure and other facilities, to relieve the prospects of effective arbitration promoting cross-border investments in this era of advanced technology and globalization.
Open Access
Attributes of ADR in the Sri Lankan Construction Industry
(SLIIT, Faculty of Engineering, 2022-09-22) Edirisinghe, V; Marsh, D; Borthwick, F; Siriwardena, M; Cotgrave, A
Alternative dispute resolution (ADR) methods were introduced to the construction industry to avoid the negative effects of litigation in relation to the cost, time, and business relationships of a construction project. This study focused on identifying the current ADR practices in the Sri Lankan construction industry and examined the specific attributes of each method to create a more effective process. A qualitative research strategy was carried out with interviews with industry professionals working in the Sri Lankan Construction Industry. Content analysis using NVivo software was used to analyse the data. The key findings revealed that the neutral third party has good knowledge of construction. Despite the differences in each ADR method, disputing parties do not have the confidence in the neutral third party or trust in the process. This study also revealed that the unavailability of these key attributes will finally affect the cost and reputation of the ADR methods. Therefore, the research suggests that to improve the ADR process and its success there should be awareness studies on ADR methods and training for ADR practitioners within the Sri Lankan Construction Industry.

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