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SL ratifies UN convention on mediation for commercial dispute resolution

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by Dhara Wijayatilake
Director and Secretary General of the International ADR Center


Sri Lanka ratified the UN Convention on International Settlement Agreements Resulting from Mediation, popularly known as the Singapore Convention on Mediation, held recently. As at today, the Convention has 56 signatories and has been ratified by 14 nations. The Convention was developed by the UN Commission on International Trade Law (UNCITRAL) after extensive consultations over almost four years, was adopted by the UN General Assembly in December 2018 and came into operation in September, 2020. This Convention is to Mediation what the 1958 UN Convention on Enforcement of Foreign Arbitral Awards (the NY Arbitration Convention), is to Arbitration.

Legislation to give effect to the Convention was enacted by the Sri Lankan Parliament in January, 2024 and is titled Recognition and Enforcement of International Settlement Agreements Resulting from Mediation, Act No. 5 of 2024. The Act will come into force and the Convention will apply to Sri Lanka with effect from six months from the date of ratification, i. e. from August 28, 2024.

UNCITRAL’s work was a response to a need for a uniform framework to enforce mediated international agreements. Mediation was becoming popular as a commercial dispute resolution method and uniformity of cross border arrangements was a dire need. The UN Convention recites in its preamble that mediation is increasingly used in international and domestic commercial practice as an alternative to litigation and that the use of mediation results in significant benefits such as reducing the instances where a dispute leads to the termination of a business relationship, facilitating the transaction of commercial business and producing savings to States in the administration of justice.

The Convention applies to settlement agreements that are the result of mediation; are international in nature at the time of the entering into the agreement; resolve a commercial dispute, and are in writing.

How does ratification benefit Sri Lanka?

The enactment of domestic legislation and the ratification of the Convention will contribute to Sri Lanka offering an improved dispute resolution regime that will be attractive to investors and to business partners engaged in cross border trade and business. Importantly, it signals to investors that Sri Lanka has a universally accepted regime for the enforcement of international mediated settlement agreements. Efficient contract enforcement is vital to attract foreign investment and to facilitate domestic commercial activities.

This development comes at a time when Sri Lanka’s dispute resolution regime is unattractive, because it is riddled with delay, expense and unpredictability. These weaknesses that were predominantly a feature of litigation has crept into the practice of Arbitration as well, with a few exceptions. In past years Sri Lanka struggled to improve its ease of doing business performance given its importance to attract investors. However, the business community was left with disappointing alternatives. The Sri Lankan scene is however changing.

In 2019, Sri Lanka signed the UN Convention when it was first opened for signature. The legislation to give effect to the Convention was prepared by the International Alternative Dispute Resolution Center (a purely private not for profit company established in 2018 to provide ADR services – www.iadrc.lk), and submitted to Government.

The key provisions of the Convention provide for the enforcement of an international mediated settlement agreement and provides for limited grounds on which an agreement can be refused. It also provides for the admissibility of a settlement agreement to establish that a matter being litigated was in fact settled by a mediated settlement agreement. The Sri Lankan Act incorporates these principles.

Countries in the region have invested in mediation with success. Singapore is a great example of a nation that has developed its mediation eco system with exemplary results. India enacted a new Mediation Act in October 2023 to promote and facilitate mediation for the resolution of commercial and other disputes. Efforts and initiatives in the countries in our region have had the support of their governments.

Sri Lanka has had Mediation statutes since 1988 to provide for the resolution of minor community disputes, but there was no legal regime for mediation in respect of higher value commercial disputes outside of State managed Boards. Currently, given the growth of mediation and its acceptance as a meaningful method of resolving all kinds of disputes, legislation is being prepared to establish a legal regime for mediation of civil and commercial disputes. The envisaged law will provide for principles and standards that will apply when parties refer disputes to mediation voluntarily to private mediators, but will not establish Boards or provide for mandatory reference to mediation.

Why Mediation?

The universal buzz about Mediation stems from the benefits the process offers. Mediation is a non adversarial process, where a third party (the Mediator) facilitates better communications and understanding between disputants to identify their interests and decide on how those interests can be satisfied. The Mediator has no power to impose a solution. There is no judgment of past actions and omissions nor a determination of right and wrong. Rather, it is a process that helps disputants identify and satisfy their needs and interests.

The role of the Mediator is extremely important and hence proper training is vital. The mediation process is informal but disciplined and structured and disputants engage directly with the Mediator and with each other. Lawyers play a role which is distinct from that of the adversarial Lawyer in litigation. Mediation advocacy is starkly different and requires a different focus that supports a settlement.

Confidentiality of matters discussed is ensured and is a key feature of the process. All statements made during the process are made without prejudice ensuring that concessions made and proposals submitted are not permitted to be used against the party making them in any other dispute resolution process. The independence and neutrality of the Mediator is ensured through an obligation to disclose real or perceived conflict of interest situations.

Party autonomy is ensured in several ways. The disputants have the discretion to select the mediator; disputants stay in mediation only if they wish to and have the option to leave at any time if dissatisfied with any aspect; disputants enter into a settlement agreement only when fully satisfied that the terms and conditions are acceptable to them; until disputants place their signature to a settlement agreement nothing is binding.

A mediated settlement agreement is as valid and binding and enforceable as any other written agreement between parties. It is a myth that such an agreement is not enforceable. Breach of any obligation in a settlement agreement can either be mediated again or enforced as a breach of a contractual obligation in a court of law. It is well known that the instances of breach is very insignificant given that such an agreement is the result of consensus reached through a process that affords the opportunity for a full, fair and exhaustive discussion of issues, concerns and interests. Mediation is a smart business option.

Global initiatives

In addition to the work of UNCITRAL, other International Organisations are expanding their services to include mediation to resolve disputes and to adopt Institutional rules. Some of these initiatives are the following –

  • The International Bar Association adopted Investor-State Mediation Rules in 2012.
  • The International Chamber of Commerce– adopted its Mediation Rules in 2014.
  • The World Intellectual Property Organisation (WIPO) adopted its Mediation Rules in 2021.
  • The International Center for Settlement of Investment Disputes (ICSID) (World Bank group) – adopted its Mediation Rules in 2022.
  • The European Parliament and the Council, adopted Directive 2008/52/EC on ‘Certain aspects of mediation in civil and commercial matters’ in May 2008.

Sri Lanka’s challenge

The challenge to Sri Lanka is to provide for a comprehensive eco system for the delivery and sustenance of quality mediation services. This requires many things – a legal regime that adopts universally accepted principles; a judiciary that appreciates the vision; infrastructure that meets with international standards; service providers of excellent quality; awareness by stakeholders of the distinguishing features that offer benefits of value and very importantly policy acceptance at the highest levels of government. It is the country that will benefit from better and smarter dispute resolution options. A push from the private sector alone is inadequate.

(The author is a former Secretary to the Ministry of Justice)



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Illegal solar push ravages Hambantota elephant habitat: Environmentalist warns of deepening crisis

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Land earmarked for the project

A large-scale move to establish solar power plants in Hambantota has triggered a major environmental and social crisis, with more than 1,000 acres of forest—identified as critical elephant habitat—cleared in violation of the law, environmental activist Sajeewa Chamikara said.

Chamikara, speaking on behalf of the Movement for Land and Agricultural Reform, said that 17 companies have already begun clearing forest land along the boundaries of the Hambantota Elephant Management Reserve. The affected areas include Sanakku Gala, Orukemgala and Kapapu Wewa, which are known to be key elephant habitats and long-used movement corridors.

He said that what is taking place cannot be described as development, but rather as a large-scale destruction of natural ecosystems carried out under the cover of renewable energy expansion.

According to Chamikara, the clearing of forests has been carried out using heavy machinery, while large sections have also been deliberately set on fire to prepare the land for solar installations. He said that electric fences have been erected across wide stretches of land, effectively blocking elephant movement and fragmenting their natural habitat.

“These forests are not empty lands. They are part of a living system that supports wildlife and nearby communities. Once destroyed, they cannot be easily restored,” he said.

The projects in question include a 50 megawatt solar development undertaken by five companies and a larger 150 megawatt project implemented by 12 companies. The larger project is reported to be valued at around 150 million US dollars.

Chamikara stressed that these projects are being carried out in a coordinated manner and involve extensive land clearing on a scale that raises serious environmental concerns.

He further alleged that certain companies had paid about Rs. 14 million to secure support and move ahead with the projects. He said this points to a troubling failure of oversight by state institutions that are expected to protect forests and wildlife habitats.

“This is not only an environmental issue. It is also a serious governance issue. The institutions responsible for protecting these lands have failed in their duty,” he said.

Chamikara pointed out that under the National Environmental Act, any project of this scale must receive prior approval through a proper Environmental Impact Assessment process.

He said that clearing forest land before obtaining such approval is a direct violation of the law.

He added that legal requirements relating to archaeological assessments had also been ignored. Under existing regulations, large-scale land clearing requires prior evaluation to ensure that sites of historical or cultural value are not damaged.

“The law is very clear. You cannot go ahead with projects of this nature without proper approval. What we are seeing is a complete disregard for legal procedure,” Chamikara said.

The environmental impact of these activities is already becoming visible. With their natural habitats destroyed, elephants are increasingly moving into nearby villages in search of food and shelter. This has led to a sharp rise in human-elephant conflict in several areas.

Areas such as Mayurapura, Gonnooruwa, Meegahajandura and Thanamalvila have reported increasing encounters between humans and elephants. According to Chamikara, more than 5,000 farming families in these areas are now facing growing threats to their safety and livelihoods.

 

He warned that farmers are being forced to abandon their lands due to repeated elephant intrusions, while incidents involving damage to crops and property are rising. There have also been increasing reports of injuries and deaths among both humans and elephants.

“This is turning into a serious social and economic problem. When farmers cannot cultivate their lands, it affects food production, income and rural stability,” he said.

Chamikara also raised concerns about the broader environmental consequences of clearing forests for solar power projects. While renewable energy is promoted as a solution to reduce carbon emissions, he said that destroying forests undermines that goal.

“Forests play a key role in absorbing carbon dioxide. When you clear and burn them, you are increasing emissions, not reducing them. That defeats the purpose of promoting solar energy,” he explained.

He added that large-scale deforestation in dry zone areas such as Hambantota could also affect local weather patterns and reduce rainfall, which would have further negative impacts on agriculture and water resources.

Chamikara called for a shift in policy, urging authorities to focus on more sustainable approaches to solar power development. He said that rooftop solar systems on homes, public buildings and commercial establishments should be given priority, as they do not require clearing large areas of land.

He also recommended that solar projects be located on degraded or abandoned lands, such as areas affected by past mining or other low-value lands, rather than forests or productive agricultural areas.

“Renewable energy development must be done in a way that does not destroy the environment. There are better options available if there is proper planning,” he said.

Chamikara urged the Central Environmental Authority and the Department of Wildlife Conservation to take immediate action to stop ongoing land clearing and investigate the projects. He stressed that all activities carried out without proper approval should be halted until legal requirements are met.

He warned that failure to act now would lead to long-term environmental damage that could not be reversed.

“If this continues, we will lose not only forests and wildlife, but also the balance between people and nature that supports rural life. The consequences will be felt for generations,” he said.

The situation in Hambantota is fast emerging as a critical test of whether development goals can be balanced with environmental protection. As pressure grows, the response of authorities in the coming weeks is likely to determine whether the damage can still be contained or whether it will continue to spread unchecked.

By Ifham Nizam

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Why Mahatma Gandhi’s teachings need to be at the heart of conflict resolution

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Mahatma Gandhi

All credit to the Tamil Nadu government for taking concrete measures to perpetuate the memory of the renowned Mahatma Gandhi of India, who on account of his moral teachings stands on par with the likes of Socrates, Plato, Aristotle, Confucius and Jalaluddin Rumi, to name a few such all-time greats. The time is indeed ripe to draw the world’s attention to the Mahatma’s humanistic legacy which has resonated in the hearts of peace-oriented sections the world over down the decades.

Under its mega developmental blueprint titled ‘ Tamil Nadu 2030’, the Tamil Nadu government, among other things, intends transforming villages into centres of economic growth in conformity with the Mahatma’s vision of making the village the fundamental unit of material and spiritual advancement. Thus will come into being the ‘Uttamar Gandhi Model Villages Project’, which will be initially covering 10 village Panchayats. (Please see page 3 of The Island of March 11, 2026).

The timeliness of remembering and appreciating anew the teachings of Mahatma Gandhi resides in the utter lawlessness that has been allowed to overtake the world over the last few decades by none other than those global powers which took it upon themselves to usher in a world political and economic order based on the UN Charter and the Universal Declaration of Human Rights. Mainly in ‘the dock’ in this regard are the permanent members of the UN Security Council.

As is plain to see, the international law and order situation has veered out of control. Principal priorities for the international community or what’s left of it is to prevent the current mainly regional war in the Middle East from degenerating dangerously into another world war, coupled with the task of eliminating the possibility of another nuclear holocaust.

The most scorching of ironies is that the world’s ‘number one power’, the US, has virtually lost its way in the ‘Global Disorder’ it has been party to letting lose. For instance, instead of making good its boast of militarily neutralizing Iran and paving the way for the constant flow of fuel and gas from the Strait of Hormus by itself and Israel, it is now appealing to the rest of the West to come to its assistance. Not surprisingly, US allies are indicating their unwillingness to help pull the US’ ‘chestnuts out of the fire’.

Oil and gas are the veritable life blood of countries and going ahead it should not come as a surprise if impatience gets the better of the major powers and the nuclear option is resorted to by some of them under the dangerous illusion that it would be a quick-fix to their growing economic ills and frustrations.

All the above and more are within the realms of the possible and the need is pressing for humanistic voices to take centre stage in the present runaway crisis. As pointed out in this column last week, Realpolitik has overtaken the world and unless the latter is convinced of the self-destructive nature of the major powers’ policy of ‘meeting fire with fire’ to resolve their disputes, annihilation could be the lot of a good part of the world.

For far too long the voice of humanity has been muted and silenced in the affairs of world by the incendiary threats and counter-threats of the big powers and their allies. No quarter has been bold enough in these blood pressure-hiking slanging matches to speak of the need for brotherly love and compassion among nations and countries. But it’s the language of love and understanding that is the most pressing need currently and the Mahatma in his time did just that against mighty odds.

At present the US and Iran are trading threats and accusations over military-related developments in the Gulf and it’s anybody’s guess as to what turn these events will take. However, calming voices of humanity and moderation would help in deescalating tensions and such voices need to go to the assistance of the UN chief and his team.

The Mahatma used the technique of ‘Satyagraha’ or the policy of non-violent resistance to oppose and dis-empower to a degree the British empire in his time and the current major powers would do well to take a leaf from Gandhi. The latter also integrated into the strategy of non-violent resistance the policy of ‘Ahimsa’ or love and understanding which helped greatly in uniting rather than alienating adversaries. The language of love, it has been proved, speaks to the hearts and minds of people and has a profoundly healing impact.

Mahatma Gandhi defined the ideal of ‘Ahimsa’ thus: ‘In its positive form, “Ahimsa” means the largest love, the greatest charity. If I am a follower of “Ahimsa”, I must love my enemy or a stranger to me as I would my wrong-doing father or son. This active “Ahimsa” necessarily includes truth and fearlessness.’ (See; ‘Modern Indian Political Thought; Text and Context’ by Bidyut Chakrabarty and Rajendra Kumar Pandey, Sage Publications India, Pvt. Ltd., www.sagepub.in).

In the latter publication, the authors also defined the essence of ‘satyagraha’ as ‘protest without rancour’ and this is seen as ‘holding the key to his entire campaign’ of non-violent resistance. From these perspectives, the teaching, ‘hatred begets hatred’ acquires more salience and meaning.

Accordingly, the voice of reason and love needs to come centre stage and take charge of current international political discourse. The UN and allied organizations which advocate conflict resolution by peaceful means need to get together and ensure that their voices are clearly heard and understood. The global South could help in this process by seeing to the vibrant rejuvenation of organizations such as the Non-aligned Movement.

An immediate task for the peace-oriented and well meaning is to make the above projects happen fast. In the process they should underscore afresh the profound importance of the teachings of Mahatma Gandhi, who is acclaimed the world over as a uniting and healing political personality and prophet of peace.

If the Mahatma is universally acclaimed, the reason is plain to see. Put simply, he spoke to the hearts and minds of people everywhere, regardless of man-made barriers. The language of peace and brotherhood, that is, is understood by everyone. The world needs more prophets of peace and reconciliation of the likes of the Mahatma to drown out the voices of discord and war-mongering and ensure that the language of humanity prevails.

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Exciting scene awaits them …

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The Future Model Hunt extravaganza, organised by Rukmal Senanayake, and advocacy trainer Tharaka Gurukanda, held in late January 2026, has brought into the limelight four outstanding contestants who will participate, at the international level, this year – Sandeepa Sewmini, Demitha Jayawardhana, Diwyanjana Senevirathna, and Nimesha Premachandra.

Nimesha took the honours as Mrs. Tourism Sri Lanka 2026 and was featured in The Island of 05th March,

Sandeepa Sewmini was crowned Miss Supranational 2026 and will represent Sri Lanka at the big event to be held in Poland later in the year.

A Business Management and Human Resources student, she will be competing under the guidance of Rukmal Senanayake from the Model With Ruki – Model Academy & Agency.

The Mister Supranational Sri Lanka crown went to Demitha Jayawardhana, a 20-year-old professional model and motocross rider.

Apart from modelling he is engaged in his family business.

Demitha Jayawardhana: Mister Supranational Sri Lanka 2026

Demitha is also a badminton player with a strong passion for sports, fitness and personal growth.

In fact, he is recognised for his strength, discipline, and passion for fitness.

A past student of Wycherley International School and St Peter’s College, Colombo, Demitha is currently in his second year of Economics Management at the Royal Institute of Colombo.

He will represent Sri Lanka at the 10th edition of the Mister Supranational pageant, in Poland, in August, 2026.

Mister and Miss Supranational are annual international beauty pageants, held in Poland, and are designed to discover new talent for the modelling and television industries and produce instant celebrities.

The competition focuses on elegance, intelligence, and social advocacy, with contestants, representing their countries.

The newly appointed Miss Teen International Sri Lanka 2026 is Diwyanjana Senevirathna.

She was crowned at the Future Model Hunt and will represent Sri Lanka at the Miss Teen International 2026 pageant in India.

Diwyanjana is noted for her grace and dedication to representing the country at this prestigious event that aims to celebrate talent, intelligence, charm, and individuality, and provide a platform for young girls to showcase their skills.

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