21.
| (1) Unless otherwise agreed upon by the parties, where any person not a party to the arbitration agreement
| | (a) refuses or fails to attend before the arbitral tribunal for examination when required under summons or by the arbitral tribunal to do so; | | |
| | (b) appearing as a witness before the arbitral tribunal
| | | (i) refuses or fails to take an oath or make an affirmation or affidavit when required by the arbitral tribunal to do so; or |
| (ii) refuses or fails to answer a question that the witness is required by the arbitral tribunal to answer ; or |
| (iii) refuses or fails to produce a document that he is required under summons or by the arbitral tribunal to produce ; or |
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| | (c) refuses or fails to do any other thing which the arbitral tribunal may require. | | |
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| (2) No such application shall be made except after notice to the other parties and with the prior sanction or consent of the arbitral tribunal and no order shall be made under subsection (1), unless the court after hearing the defaulter considers that it is necessary in the circumstances to make such order. |
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| (3) Where the court makes an order under subsection (1) it shall, in addition make an order for the transmission to the arbitral tribunal of
| | (a) a record of any evidence given pursuant to an order made under subsection (1) ; | | |
| | (b) any document or thing produced pursuant to an order under subsection (1) or a copy of any such document ; or | | |
| | (c) particulars of anything done pursuant to an order under subsection (1) and any such evidence, document or thing shall be deemed to have been given produced or done, as the case may be, in the course of the arbitration proceeding. | | |
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Sri Lanka Consolidated Acts