அதிகாரப்பூர்வ மொழிபெயர்ப்புDepartment of Government Printing-இலிருந்து, மாற்றமின்றி
(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.