Research Publications
Permanent URI for this communityhttps://rda.sliit.lk/handle/123456789/4194
This main community comprises five sub-communities, each representing the academic contribution made by SLIIT-affiliated personnel.
Browse
2 results
Search Results
Item Open Access A Blend of Arbitration and Mediation: Analysis of the Possibilities and Challenges in Utilising MedArb Practice in Sri Lanka(Sri Lanka Institute of Information Technology, 2024-12-31) Vithanage, PThe ADR landscape is evolving at a rapid level across the world and one of the latest trends in such is transferring dispute resolution into Arb-Med-Arb and Med-Arb. Arbitration and Mediation are recognised as two favourable dispute resolution methods, especially in commercial dispute resolution. When considered in isolation, both mediation and arbitration have unique features. Despite a few substantive and procedural drawbacks in both methods, mediation, and arbitration have gained popularity recently. While transferring into a mixed approach of MedArb and Arb-Med-Arb is still in its infancy in the context of Sri Lanka, this paper examines the possibility of utilising MedArb practice within the existing landscape in the country. Arbitration practice in Sri Lanka has a long history and the Arbitration Act No. 11 of 1995 and its amendments suggested which are to be in force in the future lays the statutory framework for arbitration. Notably, the background for Mediation in Sri Lanka started with community mediation and now it has reached a significant milestone in commercial mediation as the enabling legislation for the Singapore Convention was enacted recently. This paper uses a doctrinal approach in dealing with primary resources as well as secondary resources when conducting the research. This paper uses an exploratory analytical method. It also includes a comparative study that examines the MedArb practice in Hong Kong as a progressive Common law jurisdiction. In its findings, the paper highlights that the MedArb practice is adaptable in Sri Lanka within the existing statutory framework and the institutional setup. However, it urges that the professionals and the commercial community pay attention to the points discussed in the recommendations for the successful functioning of the MedArb practice.Publication Open Access Challenging Arbitral Awards in the Construction Industry(SLIIT, 2022-02-11) Jayasinghe, R; Dahanayake, R; Edirisinghe, VOne of the most common alternative dispute resolution methods used in the Sri Lankan construction industry is arbitration. However, challenging arbitration awards based on legal grounds at the courts has been a current trend by the disagreeing party. If this situation occurs continuously, the purpose of having arbitration as an alternative dispute resolution method can be abandoned. Therefore, the study aims to identify the causes where arbitration is challenged in multi-story building construction projects in Sri Lanka through a case study. The methodological choice was qualitative and used semistructured interviews from six arbitrators and 2 case studies that referred to courts to challenge arbitration awards as research strategies. The study found the poor attitude of parties, lack of technical knowledge, reliability, and capability of the arbitrator to act according to the arbitrary acts imposed by the government as the main causes. Further. The study recommends arbitrators consider the reasons to act well enough and reject the cases if the arbitration is likely to be challenged in courts, train arbitrators to be reliable and on technical knowledge, and improve parties' attitudes by educating on the arbitration procedure and its benefits.