International Commercial Arbitration at Myanmar
Certainly! Here’s a detailed overview of International Commercial Arbitration in Myanmar:
International Commercial Arbitration in Myanmar
Legal Framework
Myanmar’s arbitration law is primarily governed by the Arbitration Law, 2016 (the first comprehensive arbitration statute in the country).
The law is largely modeled on the UNCITRAL Model Law on International Commercial Arbitration, providing a modern and internationally aligned framework.
Myanmar acceded to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards in 2017, allowing enforcement of foreign arbitral awards in Myanmar.
Arbitration Institutions
Myanmar currently lacks a well-established, dedicated domestic arbitration institution specifically for international disputes.
Parties often prefer:
Ad hoc arbitration based on the Arbitration Law.
International arbitration institutions such as:
International Chamber of Commerce (ICC)
Singapore International Arbitration Centre (SIAC)
Hong Kong International Arbitration Centre (HKIAC)
Key Features
| Feature | Description |
|---|---|
| Arbitration Law | Arbitration Law, 2016, based on UNCITRAL Model Law |
| Enforcement | Myanmar enforces foreign awards under the New York Convention |
| Arbitration Agreement | Must be in writing; parties free to select any arbitration method or institution |
| Number of Arbitrators | Typically one or three as agreed or per law |
| Language | Parties can select the language of proceedings |
| Court Intervention | Limited to supportive roles such as appointing arbitrators, enforcement, or setting aside awards |
| Confidentiality | Arbitration proceedings are generally confidential |
Arbitration Procedure
Arbitration Agreement
Must be in writing, embedded in contract or as a separate agreement.
Initiation
Notice of arbitration starts the process, following agreed rules or the Arbitration Law.
Appointment of Arbitrators
Parties appoint arbitrators; courts can appoint if parties fail.
Conduct of Arbitration
Flexible and party-driven; parties can choose procedures or follow default rules under the Arbitration Law.
Award
Binding and enforceable in Myanmar and abroad.
Practical Considerations
Modern Legal Framework: Myanmar has a relatively new arbitration law aligned with international standards.
Growing Arbitration Culture: Arbitration is becoming more common but still developing in practice.
Use of International Institutions: Due to limited local institutions, many parties opt for international arbitration venues.
Enforcement: The New York Convention membership ensures awards from recognized institutions are enforceable.
Legal Support: Increasing availability of local counsel experienced in international arbitration.
Summary
Myanmar has made significant legal progress with its Arbitration Law (2016) and accession to the New York Convention, creating a viable environment for international commercial arbitration. While domestic arbitration institutions are limited, parties benefit from flexibility, modern legislation, and enforceability of awards. For cross-border commercial disputes, Myanmar is increasingly a practical jurisdiction to choose arbitration.
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