MedArb and beyond: Exploring the Possibilities of Expanding the Canvas of Commercial Dispute Resolution in Sri Lanka

Abstract

The ADR landscape is evolving at a rapid level across the world and one of the latest trends in such is transferring disputes into ArbMedArb and MedArb. 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. Moving beyond, the ADR landscape has transformed into a mixed approach of MedArb and ArbMedArb as a modern trend. While this is still in its infancy, this paper examines the possibility of utilising MedArb and ArbMedArb within the existing landscape of Sri Lanka. Arbitration practice in Sri Lanka has a long history and the Arbitration Act No. 11 of 1995 and there are amendments suggested which are to be in force in the future. Notably, the background for Meditation 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. 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, the professionals as well as the commercial community should pay attention to the points discussed in the recommendations for the successful functioning of the MedArb practice.