Arbitration vital for development

Sri Lanka enacted a modern Arbitration Act as far back as 1995. Prior to that arbitration was limited in scope and did not fully comply with International Standards as embodied in Arbitration rules developed by the United Nations Commission on International Trade Law (UNCITRAL). The Arbitration Law practiced in Sri Lanka prior to enactment of Arbitration Act No.11 of 1995 was scattered in Arbitration Ordinance of 1956, Chapter 51 of the Civil Procedure Code of 1889 and Reciprocal Enforcement of Foreign Judgments Ordinance No.4 of 1921.

Development of International Trade and Foreign Direct Investment during the last three decades made it incumbent on countries to develop Arbitration Institutions and practices to resolve national and international commercial disputes in conformity with internationally accepted Arbitration Rules based mainly on models developed by UNCITRAL.

Foreign investors consider it a prior requirement to ascertain the availability of Arbitration Laws and Institutions in the country of investment before they decide on major investments. The National Court system alone is insufficient and often not resorted to by foreign investors.

In the absence of reputed international arbitration institutions in the country of investment, foreign investor either take the investment to other countries or insist that arbitration clause is included in the investment contracts to the effect that all disputes arising out of the agreement will be arbitrated by institutions in the investor countries or international arbitration institutions in major centers like London, Paris or New York.

The cost of arbitration in international centers in the developed countries is exorbitant and cannot be afforded by entities in developing countries like Sri Lanka. In the past there have been few occasions when disputes have been settled in the investors favour as local parties could not afford the cost of arbitration in expensive Global Centres.

The 1995 Arbitration Act sought to rectify this situation and encouraged the development of Arbitration Institutions in Sri Lanka to comply with International Standards. The response had been inadequate.

The private sector supported the establishment of the Arbitration Center of the Institution of Commercial Law and Practice (ICLP) in 1996 which is the only Institutional Arbitration Center in Sri Lanka with its own Arbitration Rules and Codes of conduct for arbitrators.

In establishing the ICLP Arbitration Center, Swedish Development Agencies and Arbitration Center of the Swedish Chamber of Commercial played an extremely pivotal role. In order to develop an Arbitration culture, the ICLP Arbitration Center has conducted the annual Diploma in Commercial Arbitration since 2004 and published the book "Arbitration in Sri Lanka". The other Arbitration Center in Sri Lanka which pre-dates the ICLP Center is the National Arbitration Center.

Development of Arbitration in Sri Lanka so far, except for the initial enactment of the legislation has not received adequate support from the relevant authorities like the regional centers in India, Malaysia or Singapore.

International Arbitration Centers need to be housed in premises befitting the international nature of work executed and the prestige of the world class arbitration experts who need to be accommodated. The Private Sector alone cannot sustain world class institutions in a developing country. The state in keeping with development strategies of new Sri Lanka should extend its support to develop the infrastructure of Arbitration Institutions in Sri Lanka.

S.S.Wijeratne

LAC centres in Sri Lanka

No. and Centre Officer-in-charge Address/T.P

01. LAC Head Justice Hector Yapa Legal Aid Commission,

Quarters Rtd Judge of the S. Court No. 129, Hulftsdorp, Director General High Court Complex, Colombo 12. (5335329) Mrs. Nelum Gamage Consultant 5627338

02. Colombo Regional Ms M. M. Piyumi Kumari 211, Superior Court Centre A.A.L/Coordinator Complex, Hulftsdorp, Colombo 12. 3137153

03. Welikada Prison Ms.Thushari Karunasinghe Welikada Prison, A.A.L/Coordinator Welikada. 5335329

04. Anuradhapura D. P. B. Mahadiulwewa Court Complex, A.A.L/Regional Director Anuradhapura.025-2224465

05. Kandy U. R. N. Ranatunga New Court Complex, A.A.L/Regional Director Getambe, Peradeniya. 081-2388978

06. Galle Ms. K. C. Nilanthi Court Complex, A.A.L/Legal Officer Fort, Galle. 091-2226124

07. Hambantota P. L. Chandrasena Court Complex, A.A.L/Regional Coordinator Tissa Road, Hambantota. 047-2221092

08. Nuwara Eliya Ms. Badra Seneviratne Court Complex, A.A.L/Legal Officer Nuwara Eliya. 052-2235260

09. Monaragala Ms. Shanthi Jayasinghe Court Complex, A.A.L/Legal Officer Moneragala. 055-2276191

10. Ampara Ms. N. P. Rathnayake Court Complex, A.A.L/Legal Officer Ampara. 063-2223496

11. Kegalle Ms. S. Senanayaka Court Complex, A.A.L/Legal Officer Kegalle. 035-2231790

12. Chilaw Pradeep Shanthapriya Court Complex, A.A.L/Legal Officer Chilaw. 032-2222175

13. Akkaraipattu A. C. Rizwan District Court Complex, A.A.L/Coordinator Akkaraipattu. 067-5675333

14. Balapitiya Mercy Munindradasa Court Complex A.A.L/Coordinator Balapitiya. 091-2255753

15. Matara Ms. Rajika Prasadini No. 38, Lawyers Complex, A.A.L/Coordinator Fort, Matara. 041-2233815

16. Vavuniya M. Sittampalam Court Complex, A.A.L/Director Vavuniya. 024-2221863

17. Trincomalee R. Thirukumaranathan Court Complex, A.A.L/Legal Officer Trincomalee. 026-2222293

18. Kalmunai Sabeer Ahamed Court Complex, A.A.L/Coordinator Kalmunai. 067-2223710

19. Jaffna K. Kesavan, AAL 175, 1st Cross Street, Director Jaffna. (021-2224444)

20. Batticaloa E. Kandasamy No. 29, Nallaiah Road, A.A.L/Coordinator Batticaloa. 065-2226359

21. Bandarawela Ms. Anoma Atalugama 15, Welimada Road, A.A.L/Legal Officer Bandarawela.057-2224733

22. Matale Ms. Gayanie Anandarathna Court Complex, A.A.L/Legal Officer Matale. 066-3664588

23. Avissawella Ms. Yashoda Vidyaratne Court Complex, Ms. Hiranthi Liyanage Avissawella. A.A.L/Legal Officer 036-3362219

24. Ratnapura Ms. R. M. I. R. Rajapaksha Court Complex, A.A.L/Legal Officer Ratnapura.045-2226899

25. Negombo Ms.Gayani Abeysinghe, 46, Main Street, A.A.L/Legal Officer Negombo. 031-5677111

26. Kalutara Ms. Pavithra Sanjeevani No. 443, Galle Road, Coordinator/Legal Officer Kalutara. 034-5628860

27. Gampaha Ms. Achchini Adhikari Court Complex, A.A.L./Legal Officer Gampaha. 033-5677998

28. Polonnaruwa Deva Kularathna Court Complex, Director Polonnaruwa. 027-2222293

29. Panadura Ms. Nandika Gunawardena 96, Srimaha Vihara Rd, AAL/Legal Officer Panadura. 038-2244822

30. Kuliyapitiya Ms. Kaushalya Hapuarachchi Court Complex, AAL/Legal Officer Kuliyapitiya.037-2284611

31. Kurunegala D. V. Seneviratne Court Complex, AAL/Regional Director Kurunegala. 037-2229641

32. Mahiyangana Ms. C. K. Wickramaratne Court Complex, AAL/Legal Officer Mahiyangana.055-2258332

33. Maho Ms. R. M. K. Sajeewani Court Complex, Rajapakse Maho. AAL/Legal Officer 037-2275075

34. Horana Ms. Surangani Perera New Court Complex, A.A.L./Legal Officer Horana. 034-2655244

35. Matugama Ms. Pavithra Pathirana Court Complex, Legal Officer Matugama. 034-3444426

36. Attanagalla Ms. Pradeepa Nilmini Court Complex, A.A.L/Legal Officer Attanagalla.033-2297020

37. Deniyaya Ms. B. N. M. Deraniyagala Court Complex, A.A.L/Legal Officer Morawaka (Deniyaya). 041-3428006

38. Dambulla Ms. Udayangani Munasinghe Court Complex, A.A.L/Legal Officer Dambulla. 066-3682238

39. Mawanella Ms. Nilushi Jayasinghe 71/5J 1/1, A.A.L/Legal Officer Highway Complex, Kandy Road, Mawanella. 035-2247272

40. Marawila K. P. Jayathilaka Court Complex, A.A.L/Legal Officer Marawila. 032-2254443

41. Warakapola Ms. Yamuna Kumari Court Complex, A.A.L/Legal Officer Warakapola. 037-2277075

42. Juvenile Court Ms. Sajeewani Abeykone Juvenile Court Complex, Legal Officer Bambalapitiya. 2507687

43. Nugegoda Ms. Chamika Mutunayake Court Complex, Legal Officer Nugegoda. 2809068

44. Welimada Ms. Thamara Damayanthi Court Complex, AAL, Legal Officer Welimada. 057-2244860

45.Kantalai Ms. Menaka Damayanthi Court Complex, AAL/Legal Officer Kantalai. 077-4444260

46. Thambuttegama Ms. E. M. P. Dammika Court Complex, AAL/Legal Officer Thambuttegama. (Tel. not fixed yet)

47. Mt. Lavinia Ms. L. Palapaththwala Court Complex, Ms. P. Aththanayake Mt. Lavininia. AAL/Legal Officers 2718708

48. Tissamaharama Ms. D. N. Priyanganie Court Complex, AAL/Legal Officer Tissamaharama.047-2239611

49. Baddegama Ms. Nisansala Guruge Court Complex, AAL/Legal Officer Baddegama. 0716886789

50. Wellawaya Ms. L. Wickramasinghe Court Complex, AAL/Legal Officer Wellawaya. 0715-306115

51. Walasmulla Nihal Liyanage Divisional Secretariat, AAl/Legal Officer Walasmulla. 072-4396114

52. Nawalapitiya Ms. Sudarma Gunapala Court Complex, AAL/Legal Officer Nawalapitiya. 071-6606811

53. Embilipitiya Ms. P. Liyanage Court Complex, AAL/Legal Officer Embilipitiya. 0775-517428

54. Hatton Ms. T. P. G. Punchihewa 204D, Colombo Road, AAL/Legal Officer Fruit Hill, Hatton. 051-2225238

55. Hingurakgoda Ms. B. P. K. W. Tennakoone No. 278, Nuwarawatta , AAL/Legal Officer Hingurakgoda. 027-3278885

56. Badulla Ms. S. C. Abeyweera Court Complex, AAL/Legal Officer Badulla. 077-1548825

57. Mannar E. C. Feldano Court Complex, AAL/Legal Officer Mannar. 077-6685918

Questions and Answers

Division of property in Jaffna after marriage

Question - I intend to marry a girl from Jaffna. I want to know how the property will be divided after our marriage. Please advise.

P. Anthony - Jaffna

Answer - You are governed by the Thesawalamai law. Thesawalamai law is applied to Tamils in the Northern Province. According to this law, property can be divided into three categories, such as inherited property of the man from his parents; inherited property of the wife from her parents and the acquired property of the man and wife during their lifetime together.

I) If the girl owns or if any property is given to her as Dowry or Gift those properties will be owned by her alone. Husband will not get any share from those properties even if she dies. Only the children born to her by that marriage will get those properties after her death. If your wife died intestate (without writing a will) and issueless (without children) the property owned by her alone (Dowry properties or properties owned before marriage) will go equally to her parents.

II) If any property purchased after marriage -

1/2 will go to the wife

1/2 will go to the husband

Accident matter

Question - My brother met with an accident two months ago. He was hospitalized and could not even talk. We have informed the police. So far the police have failed to take any action in the matter. What shall we do? Please advise

C. Gamini - Anuradhapura Answer - When an accident occurs, it is your duty to inform the police. If the Police fail to take any action regarding the matter you can complain to the ASP of the relevant police station. The ASP will advise the relevant police officer to take immediate action.

Please note in an accident case, the police will proceed with the matter in the Magistrate's Court. In that event your brother can receive a small amount of compensation in the Magistrate's Court. However, under the Civil Procedure Code parties can file action to ask for compensation in the District Court within two years from the date of accident.

Foreign employment matter

Question - I have decided to go to the Middle East for foreign employment. I would like to know what steps that I should follow before my departure. I await your kind reply.

P. Chathurika - Wattala.

Answer - 1) You must register at the Sri Lanka Foreign Employment Bureau. The address is 234 , Denzil Kobbekaduwa Mawatha, Koswatta, Battaramulla, Fax : +94 11 2864141 Email : [email protected] Tel : +94 11 2864101- 5

2) When you seek a foreign employment through an agency, it should be registered under the Sri Lanka Foreign Employment Bureau.

3) You must have a valid passport and visa.

4) You must sign a Service Agreement and a copy of the agreement should be kept in your custody.

Department of Debt Conciliation Boards

Question - Could you please let me know whether the Debt Conciliation Board can intervene in cases of loan transaction with any bank or institution? I would also like to know the contact details of the Debt Conciliation Board.

K. Kanchana - Nugegoda.

Answer - The Department of the Debt Conciliation Boards cannot intervene in cases of loan transactions with any bank, or any institution registered with the Central Bank of Sri Lanka as a lending Institution under the Finance Act of 1988. The Debt Conciliation Board is situated at No. 248/11, Weera Denzil Kobbekaduwa Mawatha, Baththaramulla.(Telephone Numbers - 011-2865477 , 011-2865488

Father's name in birth certificate

Question: We are married for four years. We have a two month old infant. The father of the child refuses to give paternity to the child. He is not willing to give his name to be included in the child's birth certificate. He is also neglecting me. I am facing a lot of difficulties due to this problem. I want to know whether I can use the father's name in the child's birth certificate without the father's consent? I have a marriage certificate.

Can I seek any relief to get the maintenance from him to me and my child?

Saduni kanchana - Piliyandala

Answer: According to the Birth and Death Registration Ordinance you cannot include the father's name in your child's birth certificate without his consent. The father has to fill the declaration form to say that he is the father of the child. But if you can get the court order to prove the paternity of the child then you can include the father's name in your child's birth certificate. Under the Maintenance Act No 37 of 1999 you can seek relief.

This Act has eliminated the concept of family support obligations imposed on a single male head of household and breadwinner and introduced the concept of joint spousal and parental liability for minor children that is based on each person's financial resources.

Parental support obligations for disabled adult children have also been recognised and also strengthened a woman's capacity to claim support for non-marital children. You can seek relief under this Act. You have to file a maintenance case in your area for you and your child. You can visit one of our legal aid centers who will give you free advice in the matter and appear in courts free of charge.

Renewing a licence

Question: I have a job agency near Kalutara. My agency licence will expire next month. I want to renew the licence. Please let me know the procedure I have to follow.

Saleem Akbar - Kalutara

Answer: You can renew your agency licence by submitting the completed application form available at the Sri Lanka Bureau of Foreign Employment (SLBFE).

You must remember to submit the renewal application 30 days before the licence expires and the SLBFE would then evaluate your past performances, inspect your office, equipment, records and grant approval for the renewal of the licence.

If you wish to shift your recruiting agency to a new location, you should obtain the approval of the Licence Division of the SLBFE by submitting an application along with the following documents:

* Location of the new office

* Proof of legal occupancy of such premises

* Revised business registration certificate with the details of the new premises.

If you need further information you can contact the Sri Lanka Bureau of Foreign Employment (SLBFE), 234, Denzil Kobbekaduwa Mawatha, Koswatta, Battaramulla.

Fax : +94 11 2864141

Email : [email protected]

Tel : +94 11 2864101- 5

Extension of visa

Question: I have a friend who is living in New Zealand and who came down to Sri Lanka for a short visit. He has a return ticket.

When he came to Sri Lanka he got to know that his visa will expire before his return to New Zealand. What can he do to renew the visa? Please advise him. He wants only a four day visa. He has come with his children. His children have a separate passports. Please help him.

George - Ja-ela

Answer: If he wants to renew his visa, he has to go to the Visa Section at the Immigration and Emigration Department at Punchi Borella in Sri Lanka. He has to fill the form and have to pay the fee. If his chidren have separate passports he has to pay the amount as individually. If they are included in the parents' passport it is not necessary to pay individually.

With the application form he has to submit the photographs also. The procedure is given below:-

Those who visit for purposes other than holiday should obtain prior visas.

Documents required for extension of 30 day visa

1. Visit visa application

2. Copy of the Bio data page of the passport

3. Two (02) photographs

4. Relevant visa fee

The Sri Lankan Missions abroad may continue to grant tourist visas up to a period of three months for bona-fide tourists after recovering necessary fee New Zealand Visa fee Rs.3,795.00 (US$ 34.50)