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Commercial Law

Injunctions against encashment of demand guarantees:  To look; or not to look at the underlying contract?

Injunctions against encashment of demand guarantees: To look; or not to look at the underlying contract?

February 8, 2022

Authored by: Uditha Egalahewa, President’s Counsel, and N.K.Ashokbharan, Attorney-at-Law. This Article endeavours a brief comparative analysis of the law in Sri Lanka, the UK, India, and Singapore pertaining to whether a court can look into the underlying contract where injunction is sought against the encashment of a bank guarantee, and argues that in the question of […]

Restraint of Trade in Contracts of Employment

Restraint of Trade in Contracts of Employment

July 23, 2020

Authored by: Uditha Egalahewa, President’s Counsel. An agreement by which someone is restricted in his freedom to carry on his trade, profession; business, employment or other economic activity is generally called an agreement in restraint of trade. Such a restraint is usually intended to protect the economic interest of the party in whose favour it is […]

Commercial Laws of Sri Lanka: Application of English Law

Commercial Laws of Sri Lanka: Application of English Law

June 18, 2020

Authored by: Uditha Egalahewa, President’s Counsel. In its recent history Ceylon was first occupied by the Portuguese (1505 AD) then the Dutch (1656 AD) and finally the British (1796 AD) before gaining independence in 1948. The Laws of Portugal were never introduced to any material extent. The Dutch occupation of the Maritime Provinces in 1656 […]