COMMERCIAL MEDIATION CENTRE OF SRI LANKA ACT

Arrangement of Sections

1. Short title.

PART I

COMMERCIAL MEDIATION CENTRE OF SRI LANKA

2. Establishment of the Sri Lanka Commercial Mediation Centre.

3. Functions of the Centre.

3A. No court action to be instituted without certificate of non-settlement.

3B. Dispute to be mediated in terms of rules of the Centre.

3C. Confidentiality.

3D. Privilege of persons making statement at a mediation session.

3E. Settlement agreement.

3F. Certificate of non-settlement.

4. Powers or the Centre.

5. Board of Management.

6. Chairman of the Board of the Management.

7. Meetings of the Board.

8. Seal of the Centre.

PART II

FINANCE

9. The Fund of the Centre.

10. Audit of accounts.

11. Financial year of the Centre.

PART III

GENERAL

12. Rules.

13. Protection of action.

14. Member of the Board and officers and servants of the Centre deemed to be public purposes of the Penal Code.

15. Centre deemed to be a scheduled institution within the meaning of the Bribery Act.

16. Prescription.

17. Sinhala text to prevail in case of any inconsistency.

44 of 2000,

37 of 2005.

AN ACT to provide tor the establishment of the Commercial Mediation Center or Sri Lanka; and for matters connected herewith or incidental thereto.

[Date of Commencement: 9th August, 2000]

1. Short title.

This Act may be cited as the Commercial Mediation Centre of Sri Lanka Act.

PART I

Commercial Mediation Centre of Sri Lanka

2. Establishment of the Sri Lanka Commercial Mediation Centre.

(1) There shall be established a Centre to be called the Commercial Mediation Centre of Sri Lanka (hereinafter referred to as "the Centre”).

(2) The Centre shall, by the name assigned to it by subsection (1), be a body corporate with perpetual succession and a common seal, and may sue and be sued in its corporate name.

(3) The head office of the Centre shall be in Colombo. The Board of Management of the Centre may establish such branch offices of the Centre as the Board may consider necessary in places in Sri Lanka, outside Colombo.

3. Functions of the Centre.

The functions of the Centre shall be—

(a) to promote the wider acceptance of mediation and conciliation for the resolution and settlement of commercial disputes:

(b) to encourage parties to resolve commercial disputes by mediation and conciliation:

(c) to conduct, and facilitate the conduct of proceedings for—

(i) the settlement of commercial disputes;

(ii) the adjustment of differences arising between parties in commercial matters by mediation and conciliation.

3A. No court action to be instituted without certificate of non-settlement.

(1) Where parties have agreed under a mediation agreement to refer any dispute for settlement by mediation in terms of this Act, notwithstanding anything in any other written law to the contrary, no proceedings in regard to a commercial dispute shall be instituted in, or be entertained by a Court unless accompanied by a certificate of non-settlement referred to in section 3F.

(2) The provisions of subsection (1) shall not apply where a party to a dispute referred to therein seeks relief in respect of any provisional remedy under Part V of the Civil Procedure Code and any action instituted in respect of any such matter may be entertained and determined by a Court only in so far as it relates to the grant of such provisional remedy.

(3) For the purposes of this section a mediation agreement may be in the form of a mediation clause in a contract or in the form of a separate agreement by which the parties agree to refer all or any dispute which may arise between them in respect of a defined legal relationship whether contractual or otherwise, for settlement by mediation.

[S 3A ins by s 2 of Act 37 of 2005.]

3B. Dispute to be mediated in terms of rules of the Centre.

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