Alternative Dispute Resolution (ADR)
Arbitration, mediation, negotiation, and settlement strategy for parties seeking structured outcomes outside conventional court process.
II · Overview
How we approach (adr).
AW Chambers handles arbitration and broader ADR work for clients who need confidentiality, procedural flexibility, or commercially realistic dispute management.
We support arbitration strategy, mediation, negotiation, and settlement structures where the objective is not simply to litigate, but to resolve with control and clarity.
Arbitration in Sri Lanka is governed by the Arbitration Act No. 11 of 1995, which draws on the UNCITRAL Model Law and gives effect to the country's obligations under the New York Convention 1958. The practical consequence for foreign parties is that an award made here travels, and an award made abroad can be recognised and enforced here through the High Court on grounds of refusal that are deliberately narrow.
Most of what determines an arbitration is settled before any dispute arises, in the clause itself: the seat, the governing law, the number of arbitrators, the appointing authority, and the language. A clause that leaves these open produces a preliminary fight about procedure before anyone reaches the merits, and by then the clause can no longer be repaired.
Mediation and negotiated settlement sit alongside arbitration, not beneath it. Many commercial disputes end better with a settlement that preserves a trading relationship than with an award that ends one, and telling those two cases apart is a legal judgement as much as a commercial one.
The Chambers brings litigation-grade preparation to alternative forums, which is often decisive when disputes remain high-stakes despite being resolved outside court.
III · Index of Services
What we handle.
Domestic and international commercial arbitration
Drafting and reviewing arbitration clauses
Arbitrator appointment and challenges
Enforcement of foreign arbitral awards
Setting aside and resisting enforcement of awards
New York Convention recognition applications
Institutional and ad hoc arbitration
Construction and infrastructure arbitration
Commercial mediation
Negotiated settlement and without-prejudice strategy
Expert determination and adjudication
Multi-tier dispute resolution clauses
Interim relief in support of arbitration
IV · Representations
We have acted for those who require discretion.
Commercial entities
Shareholders
Contracting parties
Overseas instructing lawyers
V · Connected Writing
Insights, in context.
VI · Common Questions
Questions we are often asked.
- Can a foreign arbitral award be enforced in Sri Lanka?
- Yes. Sri Lanka is a New York Convention state and the Arbitration Act No. 11 of 1995 provides for recognition and enforcement through the High Court. The grounds for refusal are limited and procedural in character — they do not open the merits of the award for reargument, which is the point of the Convention.
- What makes an arbitration clause work?
- Specificity about the things that are expensive to argue later: the seat, the governing law, the number of arbitrators and how they are appointed, the institution or rules, and the language. A clause that names arbitration but settles none of these tends to produce a preliminary dispute about procedure before the substance is reached.
- When is arbitration preferable to court litigation?
- Arbitration suits parties who value confidentiality, a neutral forum, or a say in procedure, and it is common in commercial and cross-border contracts. Court litigation may still be better where a public precedent or an urgent interim order is needed.
- Is an arbitral award enforceable in Sri Lanka?
- Yes. Awards are recognised and enforced under the Arbitration Act No. 11 of 1995, and Sri Lanka is a party to the New York Convention, which supports enforcement of foreign awards.
- Can a matter be settled once proceedings have started?
- Yes. Settlement or mediation can be pursued at any stage, and a settlement can be recorded so that it is binding and, where appropriate, entered as a decree of court.
AW
VII · Engage Counsel
Discuss your matter.
Conversations with the Chambers are confidential. We respond within one working day.
