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8. Requireuments for reliance on international settlement agreements

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

(1)

A party who makes an application to the High Court under section 6 or who intends to rely on an international settlement agreement which is admissible as evidence under the provisions of section 7 in any court proceeding shall submit the following documents to the High Court or court, as the case may be -

(a)

the original or a duly certified copy of the international settlement agreement signed by the parties; and

(b)

evidence that the international settlement agreement resulted from mediation, such as –

(i)

the signatures of the mediator or mediators on the international settlement agreement;

(ii)

a document signed by the mediator or mediators certifying that the international settlement agreement was entered into as a result of mediation facilitated by such mediator or mediators, as the case may be;

(iii)

an attestation by the institution that administered the mediation; or

(iv)

in the absence of (i), (ii) or (iii), any other evidence acceptable to Court.

(2)

For the purposes of subsection (1), “signature” shall include an electronic signature.

(3)

The High Court or any other court may require the production before it of any document necessary to verify that the requirements specified in subsection (1) have been complied with.

6

The Recognition and Enforcement of International Settlement

Agreements Resulting from Mediation Act, No. 5 of 2024

(4)

Where the international settlement agreement is not in the language of the court, the court may require the international settlement agreement to be accompanied by a certified translation in the language of the court.

(5)

For the purposes of subsection (4), the translation shall be certified by an official or a sworn translator or by a diplomatic or a consular agent in Sri Lanka of the country in which the international settlement agreement was entered into or otherwise to the satisfaction of the court.