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26. Grounds for refusing a decree of court

Official English translation. Where it differs from the Sinhala or Tamil text, the Act itself says which text prevails.

(1)

The High Court, to which an application is made by a party in terms of section 22, may refuse to grant a decree of court in respect of the Settlement Agreement if it is established by any other party to that agreement that-

(a)

a party to the Settlement Agreement was under some incapacity;

(b)

the Settlement Agreement is not final, according to its terms;

(c)

the obligations of the

Settlement

Agreement-

(i)

have been duly performed; or

(ii)

are not clear or comprehensible;

(d)

there was a serious breach by the mediator of the standards applicable to the mediator, or the mediation, without which breach that party would not have entered into the

Settlement Agreement; or

(e)

there was a failure by the mediator to comply with the duty of disclosure of a conflict of interest as set out in section 15(2)(g), and the failure to disclose had a material impact or undue influence on that party without which failure that party would not have entered into the Settlement

Agreement.

(2)

The court may also refuse to grant a decree if it finds that-

(a)

the granting of a decree would be contrary to the public policy of Sri Lanka; or

(b)

the subject matter of the dispute is not capable of settlement by mediation under the laws of Sri Lanka.

Read on from s 27

Schedules