The Impact of judicial intervention on arbitral process in the construction industry of Sri Lanka

Abstract

The characteristics of built environment activities are complexity and disputability in its own nature. This complexity drives most of the construction projects and contracts towards disputes between parties. Both the traditional way of litigation and alternative methods of dispute resolution practices in the construction industry. At present Arbitration alternative dispute resolution method (ADR) does not efficiently resolve disputes. as an This research examines the usage of Arbitration as an ADR method to resolve the construction disputes instead of traditional litigation and review on impact of judicial interference to Arbitral process in the construction industry in Sri Lanka. It also investigate how to improve the arbitration process by minimizing of judicial interference. Efforts have been made to recognise and examine problematic areas which are highly influencing the Arbitration. The survey has conducted in order to recognise priorities and to observe the extended appraisal of panel of industry experts who are actively engaged in Construction Arbitration. The panel consisted the professionals, consultants, construction resource persons. Current arbitration method and its practice hinders the advantages by intervene of judiciary which prolong its efficiency. The research is recommended for arbitration practice in Sri Lanka by reviewing the minimising of judicial interference. It proposes a well-planned Arbitration method which can avoid pitfalls in the current legal regime of the Arbitration practice in Sri Lanka. Further it seeks to suggest amendments to the Arbitration Act No 11 of 1995 to avoid discrepancies and minimise the challenging grounds of arbitral awards in the construction industry of Sri Lanka.