Jurisdiction

Jurisdiction of the Commercial High Court of Sri Lanka

The Commercial High Court of Sri Lanka was established under the High Court (Special Provisions) Act, No. 10 of 1996, to provide a specialised forum for the adjudication of civil disputes of a commercial nature, in response to the increasing volume of commercial litigations. In terms of Section 2(1) of the Act, the High Court of the Western Province, sitting in Colombo, has been designated to exercise this jurisdiction. Currently, five designated courts operate as Commercial High Courts to ensure the efficient and expeditious disposal of cases.

Exclusive Jurisdiction

1. Commercial Transactions

The Court exercises jurisdiction in respect of all civil causes of action arising within the territory of the Western Province out of commercial transactions where the debt, damages, or demands exceed Rupees Fifty Million (LKR 50,000,000/-), including matters relating to banking, import and export trade, affreightment, insurance, mercantile agency and usage, and the interpretation of mercantile documents.

(This excludes actions under the Debt Recovery (Special Provisions) Act, No. 2 of 1990.)

2. Company Law Matters

The Commercial High Court has jurisdiction to hear and determine all applications and proceedings instituted under the Companies Act, No. 7 of 2007. The relevant provisions of the Act set out the circumstances under which such applications and references may be made.

3. Intellectual Property Matters

The Court is vested with jurisdiction to hear and determine all proceedings required to be taken under the Intellectual Property Act, No. 36 of 2003, including matters relating to patents, trademarks, industrial designs, and the protection of recognised rights.

Non-Exclusive Jurisdiction

In addition to its exclusive jurisdiction, the Court exercises jurisdiction in certain matters assigned to the High Court of the Republic for reasons of administrative convenience and expeditious disposal.

1. Arbitration Matters

Under the Arbitration Act, No. 11 of 1995, the Court exercises supportive and supervisory jurisdiction, including:

  • Appointment and challenge of arbitrators
  • Determination of arbitral tribunal jurisdiction
  • Grant of interim measures
  • Court assistance in arbitral proceedings
  • Enforcement, setting aside, and recognition of arbitral awards (including foreign awards)

2. Admiralty Jurisdiction

Under the Admiralty Jurisdiction Act, No. 40 of 1983, the Court exercises jurisdiction over maritime claims, including:

  • Actions in rem against vessels
  • Actions in personam in respect of maritime claims

Note: The jurisdiction of the High Court is subject to the provisions of the Constitution and written laws. Judgments of the High Court can be appealed to the Court of Appeal or, in certain circumstances, directly to the Supreme Court of Sri Lanka.