CEU Electronic Theses and Dissertations, 2024
| Author | Htet, Suit Myat |
|---|---|
| Title | Recognition and Enforcement of Foreign Arbitral Awards in Myanmar and Comparative Analysis with ASEAN's Emerging Arbitration Venues: Malaysia and the Philippines |
| Summary | This thesis would mainly address the domestic procedures of recognition and enforcement of foreign arbitral awards and critically analyze the legal reforms and their effects mainly in my home jurisdiction Myanmar, (formerly known as “Burma”). Arbitration development in Myanmar left behind because of political instabilities although the initial legislations were strong enough to develop the practice as a British colony. Along with democratic transition of the country in 2010, accession to the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (“New York Convention” or “NYC”), 1958, in 2013 and the new arbitration law enacted in 2016 are initial steps to reactivate arbitrations in Myanmar. Despite the legal reforms, there is still dearth of literature on Myanmar to clearly understand the arbitration-related proceedings under the current system. Accordingly, this thesis aims to access any procedural gaps and complexities particularly at the enforcement stage of foreign arbitral awards before Myanmar courts. Enforcement of foreign arbitral awards is the final step of an arbitration to enjoy what legally allows for injustice suffered by the award-creditor. After time-consuming costly arbitration procedures, no award-creditors may want to encounter denial of recognition and enforcement of their awards by a national court of a country where the assets of the award-debtor exist. The NYC is the international initiative to reduce the risk of unenforceability of a foreign arbitral award. However, discretion given to the Contracting States to define the enforcement proceedings under its maximum threshold requirements occasionally deviate from the uniform application of NYC. This thesis aims to highlight variations in enforcement proceedings in Myanmar and two selected jurisdictions: Malaysia and the Philippines and to determine whether their practices comply by NYC’s mandate. Being at nascent stage, Myanmar do yet to tackle every aspect of enforcement proceedings of foreign arbitral awards. To understand the procedural imperfections and possible solutions to them, I will comparatively assess it with the Philippines and Malaysia’s enforcement proceedings which are better developed than Myanmar. Comparative analysis on court decisions of grounds for refusal to enforce foreign arbitral award aims to filter good practices out of the Philippines and Malaysia and particularly, to suggest Myanmar to adopt them to become an arbitration-friendly jurisdiction. |
| Supervisor | Petsche, Markus A. |
| Department | Legal Studies LLM |
| Full text | https://www.etd.ceu.edu/2024/htet_suit.pdf |
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