◆ CALE外国人研究員Daw Than Nwe先生による ◆

 8月28日(月)10:00よりCALE外国人研究員Daw Than Nwe先生(ミャンマー学術アカデミー会員)による研究報告会を開催いたします。

日 時
場 所
Dr. Daw Than Nwe CALE外国人研究員
(Member of Myanmar Academy of Arts and Science)
題 目
"Development of Arbitration Law in Myanmar"

概 要
On 5 January 2016, the Parliament (Hluttaw) of Myanmar passed a new land-mark Myanmar Arbitration Law. This domestic legislation is the implementation of Myanmar’s accession to the New York Convention on the Recognition of Foreign Arbitral Awards 1958, which took effect on 15 July 2013. This law repealed the Myanmar Arbitration Act 1944 and is based on the UNCITRAL Model Law.

The new law applies both domestic and international arbitration where as the old Myanmar Arbitration Act 1944 did not contain any provision as to international arbitration. The new Arbitration Law provides its three objectives as: (a) to effectively resolve domestic and international commercial disputes in a fair and effective manner, (b) to recognize and enforce international arbitral awards and (c) encourage settlement of disputes by means of arbitration.

As to foreign arbitral awards, until the enactment of the new Arbitration Law (2016), the legislation was the Myanmar Arbitration (Protocol and Convention ) Act 1937 which governed and made under the Convention on the Execution of Foreign Arbitral Awards of 1927. (The Geneva Convention)

The distinctive developments in the new law are: clear definitions on “international arbitration”, “foreign arbitral award”, “place of arbitration” etc., and extent of court intervention, appointment of arbitrators, the provisions relating to interim measures, appeal on point of law and mainly recognition and enforcement of foreign arbitral award.

The promulgation of the updated Myanmar Arbitration law represents a significant step forward for settling commercial disputes with best approach in Myanmar.

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