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ARTICLE · 17 JULY 2003

First Award Made Under ASEAN Agreement

United KingdomInternational Law

The Award of 31 March 2003 in the case of Yaung Chi Oo Trading Pte Ltd. v Government of the Union of Myanmar (ASEAN I.D. Case No. ARB/01/1) was the first to be rendered under the 1987 ASEAN Agreement on the Promotion and Protection of Investment (the 1987 Agreement).

Having joined Myanmar’s objections to jurisdiction to the merits of the dispute, the Tribunal dismissed the claim on the ground that the claimant’s investment was not covered by the terms of the 1987 Agreement.

The Tribunal was composed of Professor Sompong Sucharitkul (President), Professor James Crawford and Judge Francis Delon, each appointed by the President of the International Court of Justice in accordance with the 1987 Agreement. Whilst the proceeding was purely ad hoc, the Tribunal adopted the ICSID Additional Facility Rules, mutatis mutandi.

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