To see the full list of 156 countries that have signed the new york convention click here for list of updated contracting states. The public policy exception under the new york convention. The principle of arbitration existed in the ancient myanmar judicial system prior to the britishindia period, although it was of course, different in form from what we know today. After myanmars ratification of the new york convention, and prior to implementation of the arbitration law, it was unclear how foreign awards could be enforced in myanmar. Much like the arbitration bill, the new arbitration law largely follows the language of the uncitral model law, bringing its approach closer to internationally accepted norms, and gives legislative effect to myanmar s ratification of the new york convention in 20. Myanmar accedes to the new york convention 4 now is to incorporate the provisions of the new york convention into myanmars domestic laws by enacting new arbitration legislation. Convention on the recognition and enforcement of foreign. The arbitration law is based on the uncitral model law on international commercial arbitration 1985 with amendments as adopted.
The arbitration law gives effect to the new york convention. With its accession, myanmar becomes the 149th state party to the convention. It replaces the myanmar arbitration act of 1944 and is based on the uncitral model law on international commercial arbitration, which. Myanmar became a contracting state to the new york convention nyc on the recognition and enforcement of foreign arbitral awards that are awarded in other contracting states. The arbitration law gives effect to myanmars ratification of the 1958 new york convention on the recognition and enforcement of arbitral awards the new york convention. Enforcement of foreign arbitral awards in myanmar under new. It is much harder for myanmar to refuse enforcement of icsid arbitration when an investor wins a nonicsid award against myanmar, this is a foreign arbitration award which may require recognition and enforcement in myanmar or elsewhere, most likely under the york convention. The convention on the recognition and enforcement of foreign arbitral awards, also known as the new york convention, is one of the key instruments in international arbitration. The english law approach to allegations of illegality and lessons to be drawn for conflicts with international law obligations. Despite indias status as a signatory to the new york convention, enforcing awards in india. Myanmar has formally become one of the members of the new york convention on 15th july 20 and adopted the new arbitration law on 5th january 2016.
The old enforcement regime was governed by the arbitration. On 15 july 20, myanmar formally acceded to the new york convention on the recognition and enforcement of foreign arbitral awards the new york convention. A guide to doing business in myanmar arbitration of. Convention on the recognition and enforcement of for eign arbitral awards new york convention, which. The new york convention obliges myanmars courts to give effect to contractual provisions which provide for disputes to be resolved by arbitration and enforce foreign arbitral awards.
Myanmar had however not enacted local legislation or revised its archaic arbitration act of 1944 to give effect to its international. Myanmars existing arbitration laws date back to the colonial era and do not provide for international arbitration. A critical first look at myanmars new arbitration law. Bryan cave leighton paisner myanmar gives effect to new. The convention on the recognition and enforcement of foreign arbitral awards the new york convention or convention, which sets out the basic legal framework for the recognition and enforcement of foreign arbitral awards, has been described as the the mortar in the edifice of international commercial arbitration. During these meetings, the delegation lobbied for myanmar to accede to the new york convention. On 16 th july 20 myanmar became a contracting state to the new york convention nyc on the recognition and enforcement of foreign arbitral awards that are made in other contracting states. The arbitration law gives effect to the new york convention and provides for the enforcement of arbitral awards under the new york convention. Myanmar accedes to the new york convention kluwer arbitration. However, the possibility became more real after an experienced tribunal in icc proceedings seated in new york dismissed a core defence very early in proceedings albeit after conducting one hearing, yet english courts. India and myanmar have passed new laws regulating arbitration. As part of the reforms, on 15 july 20, myanmar formally acceded to the new york convention 1958. Enforcement of foreign judgments 2019 myanmar iclg. The geneva protocol on arbitration clauses of 1923 and the geneva convention on th execution of foreign arbitral awards of 1927shall cease to have effect between con tr new york convention, the south east asian international arbitration practice of herbert smith freehills conducted a survey on the enforcement of arbitration awards in the asean region to understand how the enforcement regime has operated in practice in the asean region, and how effective it is thought to be.
On 15 july 20, myanmar formally acceded to the new york convention on the recognition and enforcement of foreign arbitral awards the. Jul 11, 20 it therefore appears that the convention will apply in its entirety in myanmar. However, article vii of the new york convention provides that the geneva protocol on arbitration clauses of 1923 and the geneva convention 1927 shall cease to have effect when a state becomes party to the new york convention. Convention on the recognition and enforcement of foreign arbitral awards new york, 1958 the new york convention authoritative information on the status of the treaties deposited with the secretarygeneral of the united nations, including historical status information, may be obtained by consulting the united nations treaty. This new law gives effect to the new york convention on the recognition and enforcement of foreign arbitral awards new york convention, which myanmar acceded to in 20. Provided that the myanmar court has the power to issue such interim measures, the court will enforce the measure as an order of the court, irrespective of whether the tribunal is seated in or outside myanmar. We understand that the new draft arbitration law will be based on the uncitral model law on international commercial arbitration but there is no certainty as to the specific provisions of the new draft arbitration law and the timing of its enactment. Resisting enforcement of a foreign arbitral award under. Mar 22, 2016 provided that the myanmar court has the power to issue such interim measures, the court will enforce the measure as an order of the court, irrespective of whether the tribunal is seated in or outside myanmar. Following the yangon seminar, a delegation made a day trip to myanmars capital. Myanmar acceded to the new york convention in july 20.
Aug 02, 20 first, the domestic legislation adopted by the myanmar parliament to comply with myanmars obligations under the new york convention. In doing so, myanmar has given effect to the convention on the recognition and enforcement of foreign arbitral awards new york convention to which myanmar acceded on 16 april 20. United nations commission on international trade law convention on the recognition and enforcement of foreign arbitral awards new york, 1958 united nations. Since 2011, myanmar has seen a renewed effort at reforming its political, social and economic landscape. Significant features of 1944 arbitration act included the distinctive role of courts in arbitration and the enforceability of awards in myanmar. Myanmar appendix legislation arbitration in asia 2d ed part xxvarbitration the arbitration protocol and conventionact. The convention requires courts of contracting states to give effect to private agreements to arbitrate and to recognize and. Myanmar judges is able to deal compe tently and confidently with enforcement of foreign arbitral awards under the new york.
A new arbitration law for myanmar arbitration blog. Section 49 of the arbitration law expressly excludes the application of the arbitration protocol and convention act 1937. Accession to the new york convention and a new arbitration law following the yangon seminar, a delegation made a day trip to myanmars capital, naypyitaw, during which meetings were held with the then minister for industry and the then attorney general. Recognizing the necessity for reform, on july 15, 20, myanmar formally acceded to the new york convention on the recognition and enforcement of foreign arbitral awards new york convention. Myanmar accedes to the convention on the recognition and. Myanmars obligations under the new york convention. Under the act, the courts were given extensive powers to revoke the authority of an arbitrator sec. Myanmars former arbitration act dating back to 1944 provided for domestic arbitration only. Investment regime and arbitration in myanmar singapore.
Under article vii2 new york convention, the geneva regime ceases to have effect for states bound by the new york convention. The convention will enter into force for myanmar on 15 july 20. Arbitration under the nyc provides a single forum for commercial dispute resolution that is final and binding on all parties and is enforceable internationally in any of its signatory states. On 5 january 2016, the union parliament of myanmar enacted the arbitration law no. Enforcement of foreign arbitral awards in myanmar under. While this was seen as a positive step on the part of the myanmar government, it was unclear as to the timeframe within which myanmar would. Myanmar accedes to the new york convention arbitration notes. Mar 17, 2016 the arbitration law gives effect to myanmars ratification of the 1958 new york convention on the recognition and enforcement of arbitral awards the new york convention. The new york convention obliges myanmar s courts to give effect to contractual provisions which provide for disputes to be resolved by arbitration and enforce foreign arbitral awards. In a move to encourage foreign investment, the pyidaungsu hluttaw agreed to sign the convention on the recognition and enforcement of foreign arbitral awards 1958 new york convention on march 6.
Hogan lovells or the firm is an international legal practice that includes hogan lovells international llp, hogan lovells us llp and their affiliated businesses. After myanmar s ratification of the new york convention, and prior to implementation of the arbitration law, it was unclear how foreign awards could be enforced in myanmar. Reform of the arbitration law in myanmar the wait is. Myanmar appendix legislation arbitration in asia 2d. The convention on the recognition and enforcement of foreign arbitral awards, commonly known as the new york convention, was adopted by a united nations diplomatic conference on 10 june 1958 and entered into force on 7 june 1959. Jul 17, 20 on 15 july 20, myanmar formally acceded to the new york convention on the recognition and enforcement of foreign arbitral awards the new york convention. Before its accession to the new york convention, myanmar practiced arbitration according to the 1944 arbitration act1.
When myanmar accedes to the new york convention, it. Apr 30, 20 there is now official confirmation that myanmar acceded to the new york convention on 16 april 20 and that the convention is expected to enter into force in myanmar on 15 july 20 see uncitrals new york convention status page here. Therefore, in dealing with parties who are resident in myanmar or have assets in myanmar, parties should consider agreeing to arbitration in a member country of the new york convention. With the enactment of the new arbitration law, myanmar gives effect to the. It requires courts of contracting states to give effect to arbitration agreements and to recognize. It perhaps demonstrates the countrys commitment to building a conducive legal infrastructure to nurture greater foreign trade and investment. This step constitutes a significant development for a territory whose preexisting arbitral legislation was dated and in compelling need of reform. The new bill marks a significant shift in myanmars arbitration regime, bringing its arbitration laws closer in line with asias major arbitration hubs. Much like the arbitration bill, the new arbitration law largely follows the language of the uncitral model law, bringing its approach closer to internationally accepted norms, and gives legislative effect to myanmars ratification of the new york convention in 20. The english high courts decision in pencil hill limited v us citta di palermo s. The new york convention is widely recognized as a foundation instrument of international arbitration.
It would appear that foreign arbitral awards from member countries of the new york convention may be enforced more easily than foreign judgments. Apr 25, 20 as reported in an earlier post, the myanmar parliament on 6 march 20 approved plans to sign the new york convention on the recognition and enforcement of foreign arbitral awards the convention. Myanmar enacts new arbitration law giving effect to the new york convention 03 02 2016 on 5 january 2016, the parliament of myanmar enacted the pyidaungsu hluttaw law no. Reform of the arbitration law in myanmar the wait is over. The first application to enforce a foreign arbitral award before the myanmar courts will also be highly anticipated. The arbitration law of 2016 supersedes myanmars arbitration.