Srilanka | Proceedings before High Court

PART VIII
PROCEEDINGS BEFORE THE HIGH COURT

Every application to the High Court under the provision of this Act, whether by way of appeal or otherwise, shall be by way of petition and affidavit and all parties to the arbitration other than the petitioner or petitioners shall be named as respondents to such petition and shall be given notice of the same.

Upon the petition and affidavit being presented to the court it shall by order appoint a day for the determination of the matter of the petition and grant the parties named as respondents to the petition a date to state their objections, if any, in writing supported by affidavit, and making available a copy thereof to the petitioners.

In proceedings before the High Court evidence shall be given by affidavit. But where the court think it right so to do, it may take evidence viva voce in addition to evidence by affidavit.

The High Court shall delay with every application under subsection (1) and deliver its determination thereon as expeditiously as possible.

Where a judgment is given according to an award and a decree En entered under the provisions of section 31 (6) it may be enforced in the same manner as a decree entered under the provision of the Civil Procedure Code (Chapter 101 ) and accordingly the provisions of that Code relating to the execution of decrees shall, mutatis mutandis, apply to, such enforcement.

Where under this Act notice or summons is required or permitted to be served on any person, the notice or summons may be served in or out of Sri Lanka ---

by sending it by registered post addressed to that person to be served at the usual or last known place of residence or business of that person ; if there is no appearance by that person on the date stated therein, by serving it personally on him through the Fiscal ; and if that person deliberately avoids accepting the notice or summons, by substituted service in accordance with the provisions of the Civil Procedure Code (Chapter 101 ).

The Supreme Court may make rules with respect to ---

any application or appeal made to any Court under this Act and the costs of such application or appeal; and

the payment of money into and out of the Court in satisfaction of a claim to which the arbitration agreements apply and the investment of such money ;

In calculating the period of prescription for the purpose of any action, the period that elapsed between the commencement of an arbitration and its completion or termination as the case may be, shall be excluded.