9. Grounds for refusing an application to the High Court or admissibility of evidence

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 in terms of section 6, or any other court in which an international settlement agreement is sought to be admitted as evidence in terms of section 7 may refuse to grant the relief, if any party to the international settlement agreement furnishes proof to establish that –

(a)

a party to the international settlement agreement was under some incapacity;

(b)

the international settlement agreement-

(i)

is null and void, inoperative or incapable of being performed under the applicable law;

(ii)

is not binding, or is not final, according to its terms; or

(iii)

has been subsequently modified;

(c)

the obligations in the international settlement agreement –

(i)

have been duly performed; or

(ii)

are not clear or comprehensible;

The Recognition and Enforcement of International Settlement

Agreements Resulting from Mediation Act, No. 5 of 2024

(d)

granting relief would be contrary to the terms of the international settlement agreement;

(e)

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 international settlement agreement; or

(f)

there was a failure by the mediator to disclose to the parties the circumstances that raise justifiable doubts as to the mediator’s impartiality or independence and the failure to disclose had a material impact or undue influence on a party, without which failure that party would not have entered into the international settlement agreement.

(2)

The court may also refuse to grant relief if it finds that –

(a)

granting relief 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 10