The U L Kadurugamuwa Legacy Collection, a brand new thought management platform, was launched by FJ&G de Saram in its 185th anniversary 12 months to honour the legacy of the late U. L. Kadurugamuwa, a former Precedent Companion of the agency.
The inaugural session, held on the Hilton Colombo, introduced collectively members of the judiciary, main practitioners, arbitrators, purchasers and different distinguished visitors for a night of debate on “From Sensible Challenges to Efficient Options in Industrial Arbitration.”
The occasion commenced with opening remarks by the agency’s Precedent Companion, Ayomi Aluwihare, adopted by an tackle by the Visitor of Honour, Dr. Okay. Kanag-Isvaran, President’s Counsel, who paid tribute to Mr. Kadurugamuwa’s excellent contribution to the authorized career and to FJ&G de Saram.
Describing him as “a mentor and a guiding drive”, Dr. Kanag-Isvaran noticed that “the true trainer leaves behind a mind-set, a regular of conduct, and a spirit of excellence that others carry ahead”, including that “that is the legacy that’s being carried ahead with its inauguration in the present day.”
Dr. Kanag-Isvaran additionally highlighted Mr. Kadurugamuwa’s pioneering position in advancing various dispute decision in Sri Lanka via his contributions to the institution of the Institute for the Improvement of Industrial Regulation and Observe (ICLP), the enactment of the Arbitration Act No. 11 of 1995, and the institution of each the ICLP Arbitration Centre and the Worldwide Alternate Dispute Decision Centre (IADRC).
The inaugural session featured a distinguished panel of consultants from Allen & Gledhill, Rajah & Tann, and the Singapore Worldwide Arbitration Centre (SIAC). The dialogue offered invaluable insights into rising traits, sensible challenges and efficient methods in industrial arbitration, with a selected concentrate on jurisdictional challenges in multi-contract disputes, transnational concern estoppel and the position of supervisory courts, and the rising significance of emergency arbitrators in addressing pressing purposes for interim aid.
The primary session centered on jurisdictional challenges in multi-contract transactions. Trendy industrial offers hardly ever relaxation on a single settlement. Financing preparations, shareholder agreements, provide contracts and providers agreements usually function collectively as a part of the identical transaction. The dialogue examined what occurs when a dispute emerges and these contracts level to totally different dispute decision mechanisms, or when just one contract incorporates an arbitration clause. Drawing on real-world instances, the session highlighted the dangers of fragmented dispute decision, parallel proceedings and inconsistent outcomes, underscoring the significance of rigorously aligning dispute decision provisions throughout all transaction paperwork from the outset.
Equally insightful was the session on Transnational Subject Estoppel and Supervisory Courts, which explored the essential position nationwide courts proceed to play in worldwide arbitration. Whereas arbitration is usually seen as a non-public dispute decision course of, courts stay central to its effectiveness. The dialogue thought-about how courts supervise arbitrations seated inside their jurisdictions, together with challenges to arbitral awards, whereas additionally appearing because the gateway for the popularity and enforcement of overseas awards. For companies working throughout borders, the session served as a reminder {that a} profitable arbitration usually relies upon not solely on the tribunal’s resolution, but in addition on how courts in numerous jurisdictions reply to it.
Representatives of SIAC offered an outline of the just lately launched SIAC Guidelines 2025, highlighting developments designed to reinforce effectivity and responsiveness in industrial disputes. Explicit consideration was given to emergency arbitration, interim aid, preliminary determinations and the early dismissal of unmeritorious claims or defences. The presentation illustrated one among arbitration’s best benefits for companies: flexibility. Events are in a position to form the process that most accurately fits their industrial wants, whereas benefiting from institutional frameworks which are designed to ship sooner, simpler and commercially sensible dispute decision outcomes
The profitable inaugural session marked the start of a long-term platform devoted to advancing thought management {and professional} dialogue. The Collection goals to proceed convening main practitioners and consultants to discover rising points and contribute meaningfully to the event of the authorized and enterprise communities.
