Property Finance and Investments Kandy (Private) Limited vs Kandy Municipal Council – SC APPEAL 100/2008-2015

In the case between Property Finance and Investments Kandy (Private) Limited and the Kandy Municipal Council (and related municipal officers), the court addressed whether a document marked X5, issued on 3.4.2006 following arbitral proceedings, constituted an arbitral award under the Arbitration Act No. 11 of 1995, and the extent to which such a decision could be reviewed or set aside by the High Court during enforcement proceedings. The court held that the decision comprised an arbitral award enforceable under Section 31, and that, pursuant to Sections 32 and 50 of the Act, the Appellant’s failure to make a timely application to set aside the award precluded them from raising substantive objections. This determination reinforced the principle that parties must promptly seek to set aside er