Introduction
Although more than five years have passed since the enactment of
the Myanmar Arbitration Law 2016
("MAL"), there have only been a handful
of arbitration-related cases decided in the Myanmar Courts to
date.
In this article, we provide a brief summary of three key
judgments issued by the Myanmar Courts between 2020 and 2022
concerning provisions of the MAL. We also consider whether they
demonstrate a trend towards an increased support for arbitration as
an alternative dispute resolution mechanism.
(1) Foreign Arbitral Award Recognised and Enforced
In the first reported decision of its kind, a district court in
Myanmar granted an order recognising and enforcing a foreign
arbitral award against Myanmar parties on 17 May 2021 in ARV
Offshore Co Ltd vs. Myanmar Offshore Co Ltd and MOL Offshore Pte
Ltd.
