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Myanmar Arbitration Update

Myanmar Arbitration Update

September 30, 2019

Highlights of this note

  • Arbitration in Myanmar – recent developments
  • Are parties free to choose for foreign arbitration under Myanmar law?
  • How to invoke an arbitration clause in Myanmar and apply for a stay of court proceedings under the Myanmar Arbitration Law
  • Does the subject matter of the dispute fall within the scope of the arbitration agreement?
  • What constitutes an arbitration agreement?
  • Typical flow of court cases involving arbitration
  • Injunctions and interim measures under the Arbitration Law 2016
  • Recognition and enforcement of a foreign arbitral award
  • When can a Myanmar court refuse enforcement of a foreign arbitral award?
  • Recognition and enforcement of a foreign judgment
  • Recognition and enforcement – Interim order of a foreign arbitral award
  • Conclusion

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CBN_Myanmar-Arbitration-Update.pdf

AUTHOR

Edwin is the senior partner of VDB Loi and a leading foreign legal advisor living in Myanmar since 2012. A frequent advisor to the Government on transactions and privatizations in energy, transportation and telecom, he is widely recognized for his “vast knowledge” (Legal 500) and his ability “to get difficult things through the bureaucracy ” (Chambers, 2016). He advises international financial institutions on their largest Myanmar transactions, oil and gas supermajors, a greenfield multi- billion US$ telecom project and the Japanese Government on the Thilawa SEZ. He assisted two newly licensed foreign banks setup in Myanmar, acted for the sponsor of an 800MUS$ urban infrastructure PPP project and worked on 6 out of 7 power deals inked in 2016.
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