* Loosely based on teaching materials of Prof.

Jeswald Salacuse, Guest lecturer, PS 168: International Law, Tufts University

 Types of dispute settlement processes

What is Arbitration?

Basis for arbitration

Types of arbitration agreements
Comparison with litigation
Types of arbitration
Model arbitration clause
Stages in the arbitration process
Myanmar Arbitration Act 2016

Negotiation

Mediation

Arbitration

Litigation

Disputants increasingly lose control.

Third party increasingly intrudes.

(1) A process of interaction between two

parties

(2) To advance individual interests

(3) Through joint action

(1) A voluntary, non-binding,

settlement process in which

dispute

(2) A third person tries to help the parties

reach a negotiated settlement.

A method of dispute settlement whereby

the parties to the dispute agree:

(1) To submit their dispute to a third person

(the arbitrator) for a decision according
to agreed upon rules and procedures &
(2) To carry out that persons decision

1. Agreement by the parties is the

fundamental jurisdictional basis for
arbitration
2. Without agreement by the parties to the
dispute, the arbitrator has no power to
decide the matter.

1. For future disputes (arbitration clauses)

2. For existing
agreements)

disputes

(submission

Adversarial
Neutral fact finding process
Legal context
Decision according to law
System of procedural rules
May be subject to judicial supervision
and appeal

 It is voluntary
Parties control tribunal composition and
procedure
It is private, closed the public
Parties pay all costs

1. Ad-hoc arbitration
2. Institutional arbitration

Any dispute arising out of or in connection

with this contract shall be referred to and
resolved by arbitration by
______________(tribunal composition) in
accordance with____(law). The place of
arbitration shall be _____. The language
shall be _______. The contract shall be
governed by the laws of ______(country).
For complete model clause, please refer: http://www.siac.org.sg/model-clauses/siac-model-clause

Singapore Intl Arbitration Center

International Chamber of Commerce
American Arbitration Association
London Court of International Arbitration
Stockholm Chamber of Commerce
Intl Center for Settlement of Investment
Disputes
Others

Initiating arbitration
Response by defendant
Constituting the arbitral tribunal
Organization phase
Submission of evidence and hearings
Rendering the arbitral award

Arbitration Act 1944

Applied only to arbitrations seated in Myanmar
Provided for enforcement of domestic awards
only
Myanmar courts had considerable discretion in
deciding whether to allow appeal of award

Arbitration Act 2016

Gives domestic effect to Myanmars obligations
under the Convention on the Recognition and
Enforcement of Foreign Arbitral Awards (New
York Convention)
Provides a comprehensive legal framework for
the conduct of domestic and international
arbitrations seated in Myanmar

Important sections, Arbitration Act 2016

No court intervention, except as provided in Section 7

Grants Myanmar courts power to support the arbitral process,

including in compelling arbitration (Section 10), in relation to
the taking of
evidence and interim measures (Sections 11, 30 and 31)

Confirms that an arbitral award is final and binding on the parties

(Section 38)

No restriction on the number, nationality of arbitrators, or the

language of the arbitration (Sections 12, 13 & 25)

Questions?