Hatton National Bank Limited vs Casimir Kiran Atapattu and Tracy Judy de Silva – SC APPEAL NO 38 – 39/06-2013

The case between Hatton National Bank Ltd. and Soul Entertainments (represented on behalf of Casimir Kiran Atapattu and Tracy Judy de Silva) addressed issues concerning whether an arbitral tribunal exceeded its mandate by deciding on disputes not properly raised in pleadings, whether the failure to raise a jurisdictional objection before the tribunal precluded later challenge to the award, and whether severing the award was appropriate to enforce the legitimate part while setting aside the excess jurisdiction. The findings established that a portion of the tribunal’s award should be set aside due to excess of jurisdiction, while the enforceable part of Rs. 1,462,832 (plus interest) in favor of Hatton National Bank Ltd. was upheld, relying on the relevant legal framework and established pre