World class Arbitration seat

Justice Minister Rauf Hakeem proposed to President Mahinda Rajapaksa during the pre-budget discussions on the Ministry of Justice that Sri Lanka should establish a world class commercial Arbitration center.

This proposal should receive the support of the Sri Lankan legal and commercial community as alternative dispute resolution institutions are fast overtaking the traditional court systems in the process of international commercial development.

The commercial Arbitration Centers in Singapore, Kuala Lumpur, Hong Kong and Beijing are leading Asian examples and economic symbols of the current economic boom of the Asian Miracle.

Sri Lanka, due to the debilitating decades of armed conflict made her to lag behind East Asian economies, but was the first South Asian Country to enact a Comprehensive Arbitration Act of No. 11 of 1995 based on UNCITRAL Arbitration Model Law and Swedish Arbitration rules.

Sri Lanka’s Arbitration law was later followed by India, Nepal and Bangladesh but Arbitration as a commercial dispute resolution process continued to lag behind East Asia and Western developed countries. International Arbitration as against litigation in local courts could flourish only with the international corporation. Sri Lanka’s lost decades of law hindered the development of international commercial institutions.

In 1995 then Prime Minister President Mahinda Rajapaksa presiding over the Diploma Awards Ceremony of the Institute of Commercial Arbitration Center (ICLP) stated that Sri Lanka’s potential as a international Arbitration hub of South Asia should be developed. The following year, then Minister of Trade and Commerce late Minister Jayaraj Fernandopulle reiterated the same thought and assured the government’s support to establish an Arbitration Center of international standing.

Minister Rauf Hakeem’s proposal which was endorsed by President Rajapaksa and Justice Ministry officials need to be put in to practice. Currently, Sri Lanka has two seats of Arbitration, namely, the ICLP Arbitration center which has developed internationally acceptable arbitration rules and the National Arbitration center which operates on adhoc arbitration rules. Both institutions as pioneers are rendering a yeoman service but compared to the role of Commercial Arbitration to the East Asian dynamic economies, the development of our Arbitration institutions are insignificant.

Arbitration invariably involves international corporation and the support of global business leaders who have little time to go through and participate in Sri Lankan court procedures. International Business Leaders prefer an internationally accepted transparent flexible dispute resolution system to that of local court systems. Sri Lanka developed a Modern Arbitration law 15 years ago, but, could not harvest the benefits due to the debilitating war. However, the opportunity presented by the end of war should be seized by the government and commercial sector without further delay.

The commercial dispute resolution process through Arbitration is a Commercial process and the state should only provide the infrastructure. Arbitration is different from litigation through Courts established by the states. The ICLP Arbitration Center was funded by the leading business houses attached to Ceylon Chamber of Commerce and same commercial independence need to be maintained. However as Minister Rauf Hakeem proposed, a world class Arbitration Center can only be developed with the infrastructure support of the state.

International Law on Arbitration is the dominant Commercial law development that unites the world of commerce. The standard set by the New York Arbitration Convention is the basis of arbitration systems of the world.

The world of international commerce operates on internationally acceptable commercial rules. The proposal by Justice Minister Rauf Hakeem endorsed by President Rajapaksa to set up a world class arbitration court complex in Colombo needs to be implemented as a priority development measure.

S.S Wijeratne,
Secretary General,
ICLP Arbitration Centre

[Questions and Answers]

Complaint against post office

Question: Please let me know the complaint procedure against postal matters?

Kulatunga,
Biyagama

Answer: Complaints against Post Office

* Complaints should, in the first instance, be addressed to the Post master of the office concerned, unless the matter complained of is of such importance as to call for an independent investigation. If the complainant is not satisfied with the action taken by the Postmaster or for other reasons desires an independent investigation, he should address the Chief Postmaster, Chief Telegraph Master or Divisional Superintendent concerned or the Postmaster General. Complaints on matters of special importance should always be addressed direct to the Postmaster General.

* A list of Post Offices in the Island will be found in alphabetical order in the Inland Post and Telecommunication Directory in Part II, and against each office, in column 11 is shown the Postal Division. The indicators in column 2 are explained on pages 1-5 of Part II of the “Post Office Guide “.

* Complaints made by the senders of registered or insured articles or by the remitters of Money Orders should be accompanied by copies of the receipts granted by the Post Office, and complaints from the senders of unregistered articles of the loss of the articles should furnish the certificate of posting, where one has been obtained, or such information as may be available to establish the actual posting of the articles, such as (1) the date and hour of posting, (2) the locality of the letter box in which posted, (3) the full address on the article, and (4) the person by whom posted. In many complaints it is found that articles entrusted to messengers or servants are never actually posted, or are not posted at the time believed, or that the posting is uncertain.

* In all cases of loss of the contents of an article, the cover or wrapper should accompany the complaint, and a full description of the missing contents should be given ; if the missing contents are currency notes, the serial letters and numbers and general numbers of the notes should be given. In all cases of damage to the contents of an article, the contents and the wrapper, cover, or package should accompany the complaint.

* Complaints of delay in the delivery of articles should be accompanied by the original covers or wrappers. In a complaint regarding the Savings Bank, the number of the pass book and the name of the office at which the first deposit was made should always be given.

* Complaints of overcharge on articles, the delivery of which has been accepted, should be addressed to the Postmaster of the office of delivery, to whom the article should be taken or sent before it is opened.

* Complaints regarding the wrong payment or non-payment of a Money Order cannot be attended to unless preferred within twelve months of the date of issue of the Money Order. Other complaints cannot be attended to unless preferred within six months of the date of the occurrence to which they relate, of the date of its issue.

Import of animals to Sri Lanka

Question: My brother lives in France. He has decided to come to Sri Lanka with his cat and dog. Is it necessary to get prior approval of his pets. If so please let me know the procedure?

Ananda,
Kalutara

Answer: Yes, it is necessary to get the prior approval before he arrives with his pets. The Officers of the Customs have to face extreme difficulties when such animals are exported without prior approval and the officers are compelled to refuse entry to Sri Lanka and to re-export them to their country of export. Therefore by considering this issue seriously we would advise relevant authorities and other Sri Lanka Diplomatic Mission Abroad accordingly on the necessity of obtaining an import permit from this Department for pet animals prior to their departure to Sri Lanka.

Procedure and the requirements for importation are as follows:

* Application

The application is available in the following website
http://www.daph.gov.lk

The applicant should forward the application form using Form I, to the Director General, Department of Animal Production and Health (DG/DAPH ; No 13, Gatambe, Peredeniya. Tel No - 0812388184, 0812388189, 0812388337 Fax : 94 081 2388619), a minimum of two (02) weeks prior to intended date of import.

* Health Requirements

Health requirement for the importation of dogs and Cats into Sri Lanka are as follows:

* Dogs

The importer should forward an International Veterinary Certificate issued by the Government Veterinary Authority in the exporting country of dogs attesting that-

* Dog has been kept in the exporting country since birth or for the six (o6) months period immediately prior to export to Sri Lanka ;

* Dog was found to be free of any infectious or any contagious diseases at the time of dispatch;

* The animal was not in contact with any animals showing any clinical sign of any infectious or contagious disease including Aujeszky’s disease, Filariasis, Leptospirosis, Rabies, Canine distemper, Infectious hepatitis, Canine parvo virus infection, and Dermatomycosis for a period of minimum three (03) months immediately prior to embarkation;

* The exporting country of the animal is either free from rabies. If not, the origin of the animal is an area free from quarantine restrictions for rabies and not within a radius of 25 km from the nearest known case of rabies during the period of minimum six (06) months immediately prior to embarkation;

* The exporting country of the animal is free from heartworm (Dirofilaria immitis) infestation, Leishmaniasis. For heartworm infestation, a test have been carried out with negative test result if not country free status should be declared by a government veterinarian. The dog is free from any blood parasite.

* The animal was vaccinated against Rabies using an anti-rabies vaccine conforming to the potency standard given by the World Health Organization (WHO), not less than thirty (30) days and not more than six (06) months immediately prior to embarkation;

* In case of puppies under the age of three (03) months, the dam of the animal had thirty (30) days but not less than six (06) months prior to the birth of this animal;

* The animal was vaccinated using recognized vaccines against Canine distemper, been vaccinated against rabies using an approved anti-rabies vaccine, at least thirty Infectious hepatitis, Leptospirosis, Canine parvo virus infection not less than twenty one (21) days and not more than four (04) months immediately prior to embarkation;

* The animal was treated within seven (07) days prior to shipment with a broad- spectrum anthelminthic recognized for its ability to eliminate internal helminths of dog.

* The animal was treated for external parasites within seven (07) days immediately prior to shipment using a reliable parasiticide.

* Cats

The importer should forward an International Veterinary Certificate issued by the Government Veterinary Authority in the exporting country of cats attesting that;

* The cat is clinically healthy, free from signs of any infectious and contagious diseases at the time of dispatch;

* The cat was not in contact with any animal showing any clinical signs of any infectious or contagious disease including rabies, Aujeszky’s disease, Filariasis, Leptospirosis for a period of minimum three (3) months immediately prior to embarkation;

* The cat has been vaccinated using recognized vaccines against feline panleucopaenia and rabies not less than 30 days and not more than 06 months immediately prior to embarkation;

* The cat has been treated for intestinal parasites using broad- spectrum anthelmintic and, treated for external parasites within seven (07) days immediately prior to shipment using a reliable parasiticide;.

* The cat has been free from any blood parasite.

* Issuing of Permits

Once the application is reviewed, DG/DAPH will issue the permit. The permit issued to applicant/importer is valid for 90 days from the date of issue.

* Quarantine Inspection

* Upon arrival of animals the importer should forward the originals of the International Veterinary Certificates fulfilling requirements stated in the section(2) of this document, to the Animal Quarantine Officer, Katunayake Airport;

* Imported dogs/cats will be subjected to quarantine inspection at the Airport. If necessary samples will be taken for investigation;

* Imported dogs/cats will be subjected to an post-export quarantine period of thirty days (30) in the “owners premises”. For this purpose, the importer should sign the Quarantine Surveillance Agreement with the Animal Quarantine Officer, Katunayake at the time of importation

The exact location (address and the Tel. No) of the premises where imported dogs /cats intended to be kept, should be stated by the importer in the quarantine surveillance agreement.

* Other Information

The cats are not allowed to import from BSE (Bovine Spongiform Encephalopathy/mad cow disease) infected countries.

Finding employment through a friend

Question: My friend has made an offer for me to work in the Middle East. What are the things that I should take into consideration before I go? Please advise me?

Nagawinna, Labugama.

Answer: If you have found employment through a friend or relative living abroad the following things you should aware of:

* You have to visit the closest training centre to complete the necessary training and obtain the necessary training certificate.

* You can then visit the Head Office of the Sri Lanka Bureau of Foreign Employment (SLBFE)or the closest training centre and produce the following documents to get yourself registered

* Your passport

* Training certificate

* Valid visa

* Job agreement

* If all the above documents are in order, the officer would hand over a form and a bank slip for you to pay the necessary registration fee

* You can then pay the registration fee to the bank specified by the officer

* Once this is done, you can handover the following documents to the SLBFE:

1. Bank slips with the banks endorsements

2. Completed declaration form

3. Passport

4. Job agreement

5. Photo copies of the following documents:

Main page of passport

Previous departure and arrival pages of the passport (If you are to be exempted from training) Visa / work permit / no objection certificate

Job agreement and any other document if requested

If all the above documents are in order, the officer would issue the necessary approval by endorsing the registration stamp on your passport.

Head office:
+94 112 864101 - 105
+94 112880500

‘Sahanapiyasa’ Unit:

+94 112 259953
24 Hour Service Centre:

+94 11 2879900 - 902
Fax: + 94 11 2879903
E-mail [email protected]

Job agreements

Question: What we need to know about job agreements before we go to a Middle East country?

Ahmad,

sent by email

Answer: The Sri Lanka Bureau of Foreign Employment (SLBFE) requests all those leaving for overseas jobs to sign a Job Agreement in order to get registered with the Bureau prior to your departure.

* If you are a male worker, domestic worker for non Middle Eastern countries or a skilled female worker you should sign an agreement with the local recruitment agent.

* Domestic workers leaving to Middle Eastern countries must sign an agreement at the Embassy of that particular country.

* The following signatures and endorsements should be available on the agreement:

If recruitment is done by an agent:

1. Signature of employer
2. Signature of foreign agent
3. Signature of the Embassy / Consulate official
4. Signature of local agent
5. Signature of housemaid

If you are going abroad through a visa sent by a friend or a relative:

1. Signature of the employer
2. Signature of Embassy / Consulate official
3. Signature of Housemaid

You can use the following guidelines in the agreement:

1. Wages
2. Salary deductions
3. Rest days
4. Annual and casual leave
5. Medical benefits
6. Duties
7. Welfare
8. Termination of contract
9. Dispute settlement
10. Transfer of employment
11. Repatriation
12. Airfare cost