Sri Lanka Ports Authority vs. Daya Constructions (Private) Limited (and now Olympus Construction (Pvt) Ltd) – SC APPEAL NO 35/2012-2025
The court addressed whether, under the Arbitration Act No. 11 of 1995, the enforcement of an arbitral award requires strict compliance with Section 31(1), and whether the High Court erred by enforcing an award without a proper application under this provision, particularly when an application for setting aside under Section 32 was concurrently pending. It was held that enforcement of an arbitral award cannot proceed in the absence of a distinct application under Section 31(1), and that the High Court’s order enabling enforcement was erroneous. The decision reaffirmed that statutory procedures for enforcement and setting aside under the Act are distinct and must be strictly followed. Emphasis was placed on the necessity for clarity and procedural regularity in arbitration enforcement matter

