Announcement of the CALE Seminar
by CALE Visiting Research Fellow
We are pleased to announce that the Center for Asian Legal Exchange (CALE) Nagoya University will be organizing a seminar by Dr. Daw Than Nwe, a Foreign Visiting Research Fellow, on "Development of Arbitration Law in Myanmar" as following. Your participation will be greatly appreciated. If you have any questions, please feel free to contact us.
Monday, August 28th, 2017 10:00-11:30
Seminar Room 1 (Asia Legal Exchange Plaza, 2nd Floor)
Dr. Daw Than Nwe (Member of Myanmar Academy of Arts and Science)
"Development of Arbitration Law in Myanmar"
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 This law repealed the Myanmar Arbitration Act 1944 and is based on the UNCITRAL Model Law.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.
Language use: English
Center for Asian Legal Exchange (CALE), Nagoya University
Tel: 052-789-2325 / 4263 Fax: 052-789-4902