Arbitral Digest

Matter

Heladhanavi Limited v Ceylon Electricity Board (Supreme Court of Sri Lanka SC Appeal 155/2023)

Case no.
SLNAC 40-11-2011
  1. 29 October 2013Arbitration

    29 October 2013Arbitration

    Arbitral Award dated 29 October 2013

    Decision summary
    The tribunal directed Ceylon Electricity Board to pay Heladhanavi Limited sums due under the power purchase agreement for the change in law relating to dividend tax. It prohibited deduction of Rs 215,203,184 or any part of that sum, and prohibited deduction of sums already paid for that change in law event.

    Supporting details

    3 participants
    Heladhanavi Limited
    Ceylon Electricity Board
    Other

    6 years, 7 months and 21 days later · 2425 days

  2. 19 June 2020Sri Lanka

    19 June 2020Sri Lanka

    Judgment of the Commercial High Court of the Western Province in the cases HC/ARB/268/2013 and HC/ARB/185/2014 dated 19 June 2020

    Commercial High Court of the Western Province holden in Colombo

    Decision summary
    The Commercial High Court consolidated Ceylon Electricity Board's application to set aside the arbitral award with Heladhanavi Limited's application to enforce it. It rejected the public-policy challenge under section 32(1)(b)(ii) of the Arbitration Act and entered judgment in favour of Heladhanavi Limited enforcing the award.

    Supporting details

    2 participants
    Ceylon Electricity Board
    Heladhanavi Limited
    Commercial High Court of the Western Province holden in Colombo

    4 years, 4 months and 24 days later · 1607 days

  3. 12 November 2024Sri Lanka

    12 November 2024Sri Lanka

    Judgment of the Supreme Court of Sri Lanka in the case SC Appeal 155/2023 dated 12 November 2024

    Supreme Court of Sri Lanka

    Case no.
    SC Appeal 155/2023
    Decision summary
    The Supreme Court dismissed Ceylon Electricity Board's appeal and upheld the High Court judgment refusing to set aside and enforcing the arbitral award. It held that review under the public-policy ground in section 32(1)(b)(ii) of the Arbitration Act is limited and does not permit appellate or revisionary reconsideration of factual or legal errors; the award was not contrary to Sri Lankan public policy.

    Supporting details

    11 authorities · 10 participants
    Ceylon Electricity Board
    Representative
    Milinda Gunatillake (For: Ceylon Electricity Board)
    Heladhanavi Limited
    Representative
    Romesh De Silva (For: Heladhanavi Limited)
    Representative
    F.N. Goonawardene (For: Heladhanavi Limited)
    Representative
    Vasanthakumar Niles (For: Heladhanavi Limited)
    Representative
    Prashanthi Vignanantha (For: Heladhanavi Limited)
    Supreme Court of Sri Lanka

    Authorities cited

    11
    • Sri Lankan Arbitration Act No. 11 of 1995 (Arbitration Act No. 11 of 1995)
      statute
    • Inland Revenue Act No. 10 of 2006
      statute
    • Inland Revenue (Amendment) Act No. 12 of 2004
      statute
    • Inland Revenue Act No. 38 of 2000
      statute
    • Inland Revenue Act No. 10 of 2007 (Inland Revenue (Amendment) Act No. 10 of 2007)
      statute
    • Light Weight Body Armour Ltd v Sri Lanka Army [2007] 1 SLR 411
      case
    • Kiran Atapattu v Janashakthi General Insurance Co. Ltd (SC Appeal 30-31/2005, SCM 22.02.2013)
      case
    • Spencer Services Limited v Mohomed Khan and another (SC 200/2018, SCM 14.06.2024)
      case
    • Oil and Natural Gas Corporation Ltd v Saw Pipes Ltd (2003) AIR SC 2629
      case
    • Some Fundamental Concepts and Principles in the Law of Arbitration (K. Kanag-Isvaran, Some Fundamental Concepts and Principles in the Law of Arbitration, in Arbitration Law in Sri Lanka, 3rd ed. (2011), pp. 225-255)
      academic
    • Law and Practice of Commercial Arbitration in Sri Lanka (Harsha Cabral, Law and Practice of Commercial Arbitration in Sri Lanka (2018), ISBN 978-955-98598-4-0)
      academic

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Heladhanavi Limited v Ceylon Electricity Board (Supreme Court of Sri Lanka SC Appeal 155/2023) · Matter