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Regional high court, Yangon
The legal system of the Union of Township Courts and the other Courts Justice of the High Court of the Region
Myanmar in general constituted by law; Courts-Martial; and or the Chief Justice of the High Court
Constitutional Tribunal of the Union of the State. The High Court consists of
The legal system of the Union of [section 293, the 2008 Constitution]. at least three, but no more than seven
Myanmar is a unique combination judges including the Chief Justice of the
of customary law, codified English The Supreme Court of the Union High Court. The President may appoint
common law and recent Myanmar the Chief Justice and the Judges of the
legislation. The principles of English The Supreme Court is the highest Court High Court in co-ordination with the
common and statutory law were of the Union. The Supreme Court is Chief Justice of the Union and the Chief
established in Myanmar through the situated in Nay Pyi Taw and is headed Minister of the respective Region or
British law codes as applied in the by the Chief Justice of the Union. The State after seeking approval from the
pre-independence India statutes. Supreme Court is comprised of at least respective Region or State Hluttaw.
These statutory laws, based on and seven, but no more than eleven judges,
incorporating the English common including the Chief Justice. The President Every High Court of the Region or
and statutory law of the time, include can appoint the Chief Justice and Judges State has jurisdiction to adjudicate civil
the Arbitration Act, Companies Act, of the Supreme Court after seeking cases (in which the amount exceeds
Contract Act, Evidence Act, General approval from the Pyidaungsu Hluttaw. MMK1,000,000,000 / USD $725,000),
Clauses Act, Negotiable Instrument appellate matters, and other matters
Act, Registration Act, Sale of Goods Act, The Supreme Court has original prescribed by law. The High Court has
Transfer of Property Act, Trusts Act and jurisdiction in matters arising out of appellate jurisdiction over judgments,
the Civil and Criminal Procedure Codes. bilateral treaties concluded by the decrees and orders passed by all
Union; in disputes, between government other subordinate courts. It also has
Where there is no statute regulating a units; over piracy and other offences supervisory jurisdiction over lower
particular matter, the courts are to apply committed in violation of international Courts. Furthermore, it has jurisdiction
Myanmars general law, which is based law; and in other matters as prescribed to transfer a case from a court to
on the English common law as adopted by any law. It has appellate jurisdiction itself or to any other court within the
and molded by Myanmar case law, and to decide judgments passed by the High respective Region or State [section 40,
embodies the rules of equity, justice Courts of the Regions or the States. It the Union Judiciary Law 2010]. Finally,
and good conscience. Where there is no possesses the power to issue Writ of it has unlimited jurisdiction to hear and
relevant statutory general law on point, Habeas Corpus; Writ of Mandamus; Writ decide both criminal and civil suits.
the Myanmar courts are obliged to of Prohibition; Writ of Quo Warranto; and
decide the matter according to justice, Writ of Certiorari. District Courts, Courts of the Self-
equity and good conscience. Administered Division and Courts of the
However, the courts power to issue writs Self-Administered Zone
1. What is the structure of the court is suspended in areas where a state of
system in Myanmar? What is emergency has been declared [section District Courts, Courts of the Self-
the jurisdiction of each court? 296, the 2008 Constitution; section Administered Division, and Courts of the
Are there specialized courts 16, the Union Judiciary Law 2010]. The Self-Administered Zone have jurisdiction
or tribunals in Myanmar? (e.g. decisions of the Supreme Court are final over both criminal as well as civil cases,
labor) and conclusive, and thus it is the final appellate cases, revision cases and other
Courts of the Union were established court of appeal for the entire Union. matters prescribed by any law [section
under the 2008 Constitution and these 315, the 2008 Constitution; sections 53,
include the Supreme Court of the High Courts of the Region and High 54 the Union Judiciary Law 2010]. The
Union, High Courts of the Region, High Courts of the State respective High Court of the Region or
Courts of the State, Courts of the Self- State supervises the appointment of
A high court has been established for judges at this level of courts [section
Administered Division, Courts of the every Region and the State of the Union.
Self-Administered Zone, District Courts, 318(a), the 2008 Constitution]. Judges
Each High Court is headed by a Chief
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OTHER COURTS AND TRIBUNALS In terms of hierarchy, Township Courts
are courts of first instance; District Courts,
Courts-Martial Courts of the Self-Administered Division,
and Courts of the Self-Administered
The Courts-Martial were established
Zone are courts of first appeal; the High
under the 2008 Constitution in
Courts of the Regions and the High
order to adjudicate matter involving
Courts of the States are courts of second
military members. [section 319, 2008
appeal; and the Supreme Court is the
Constitution].
court of final appeal.
The Constitutional Tribunal Court
2. What is the structure of the
A specialized court has been established legal profession? Can a qualified
to decide matters of constitutional lawyer represent in any court
interpretation. According to section or are additional qualifications
320 of the 2008 Constitution, the required?
Constitutional Tribunal of the Union In Myanmar, lawyers in private practice
shall be formed with nine members fall into one of the two categories that
including a chairperson. The President date back to the British colonial rule:
shall submit a list of proposed higher grade pleaders and advocates.
candidates - three members chosen
at this level are granted the right to try
by him, three members chosen by the Section 6, 7, and 8 of the Legal
serious criminal cases and civil suits not
Speaker of the Pyithu Hluttaw and three Practitioners Act 1879 governs the
exceeding MMK1,000 million ($USD
members chosen by the Speaker of the admission of higher-grade pleaders.
725,000).
Amyotha Hluttaw. One member from Section 9 of the Bar Council Act
these nine members will be appointed governs the admission of an advocate
Township Courts
as the Chairperson of the Constitutional and the Court Manuals Chapter 1
Township Courts have jurisdiction over Tribunal of the Union with the approval provides further details in relation to
both criminal as well as civil cases and of Pyidaungsu Hluttaw. (Section 321 of qualifications and admission processes
other matters prescribed by any law the constitution law 2008) for both classes of lawyers. Both high
[section 316, the 2008 Constitution; The resolution of the Constitutional grade pleaders and advocates must
section 56, the Union Judiciary Law Tribunal of the Union shall be final be Myanmar citizens and have to get a
2010]. The respective High Court of and conclusive. (Section 324 of the Bachelor of Law degree in Myanmar as
the Region or State supervises the constitution law 2008) prescribed in the above sections.
appointment of judges at this level Higher Grade Pleaders may only
[section 318(a), the 2008 Constitution]. Miscellaneous Tribunals represent clients in Township and
Courts at this level are mainly courts of District Courts while Advocates can
There are also other courts with specific represent clients in all courts. After three
original jurisdiction. Judges at this level
jurisdiction, such as Juvenile Courts, years of practice, a Higher Grade Pleader
can pass a sentence up to seven years
to try offences committed by minors, can apply for an advocates license.
imprisonment. They can try civil suits in
Municipal Courts to try municipal
which the amount in dispute or value of
offences and Motor Vehicle Courts to try 3. Who appoints judges? For how
the subject matters does not exceeding
road traffic offences. Labour tribunals long? What are the requirements?
MMK10 million ($USD 7,250). They also
were created by the Labour Dispute
exercise jurisdiction over juvenile cases. The President appoints the Chief Justice
Settlement law.
and judges of the Supreme Court after
Jurisdictional Amount Timeline seeking approval from the Pyidaungsu
Hluttaw, which has no right to refuse
Supreme Court Appellate Jurisdiction and Writs 1 year the candidate unless it can be proven
that the person does not meet all the
required qualifications for the post
[sections 299 (c) and (d), the 2008
High Court Constitution].
> 1,000,000,000 MMK (750,000 USD) 1-2 year Township and District Court Judges
(Region/State)
are appointed by the Supreme Court
of Myanmar. They are permanent
positions. Judges are appointed
District Court < 1,000,000,000 MMK (750,000 USD) Default: 2-4 weeks through a two-step recruitment process.
Normal: 6 months-1 year Applicants have to pass both written
and oral exams on civil and criminal
laws organized once every year by the
Supreme Court of Myanmar. The exam
Township Court 10,000,000 MMK (7,500 USD) Default: 2-4 weeks dates are announced in national and
Normal: 6 months-1 year regional newspapers.
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4. Is the approach adversarial or inquisitorial? Is there a jury in civil cases, in
criminal cases? Does it involve a single judge or multiple judges?
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The approach is adversarial and there is no jury in civil cases or criminal cases. From the
Township to District Court, there is only one judge to examine the case.
Disputes MyanMar
upDate
The period of limitation depends on the case. The following table provides a summary
various segments of the economy.
17 January 2017
disputes Page 1
6. What procedural steps can be taken to suspend the limitation period? Civil case:
The limitation period can be brought to an end by sending notice to the defendant or 1. Plaint - A plaint can directly file a
an oral or documented agreement between the two parties. case at the court. The court will first
examine the plaint according to
7. Does the limitation period from a foreign country apply before a Myanmar the Civil Procedure Code (CPC),
court if the claim arose in a foreign country? order-7. It will accept the plaint,
Yes, if the claim arose in foreign country. A suit to enforce a foreign judgment must if complete information about
commence within six years of issuance. the case and all the necessary
documents are provided.
8. What are the milestones or steps in a civil proceeding? 2. Summon - The court will issue
summons according to order-5 of
The milestones and steps in a legal proceeding in Myanmar are as follows: the CPC.
3. Written statement - The defendant
must submit their written statement
to the court according to order -8,
Plaint & Summons
rule-1 under CPC.
pay court fee
4. Documentary evidence - Both
Non appearance by
Written Statement, parties have to submit documentary
defendant?
set-off & Counterclaim evidence of every description in
Suit proceeds on an
What if no written Hearing of suit & their possession which they intend
ex parte basis (Order
statement? Examination of to rely on during trial. This must be
IX of Code of Civil
Judgment and decree witnesses submitted to the Court during the
Procedure); Appeal
made for non compliance first hearing, according to order 13,
with pleadings rule 1 under the CPC.
Judgment &
requirements (Order VI of Decree
Code of Civil Procedure) The plaintiffs lawyer will conduct the
first examination and defendant lawyer
1 2 3 4 5 6 7 8
will cross examine the plaintiff and
First Discovery by Framing of issues Execution of their witnesses. The defendant and
documents inspection by the court Decree his witnesses will be examined by his
and interrogatories Power of sale lawyer and by plaintiffs lawyer by cross
Revision against Monetary examination, after which the court will
interlocutory orders by hear arguments from the two lawyers.
the court Based on this, the plaintiff will get an
order or decree from the court. The
decree must be executed within three
years from the date of issue.
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parties intend to rely on during trial can
be submitted in compliance with The
Evidence Act.
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18. Is interim relief available
in Myanmar? E.g. freezing,
injunction
Yes, interim relief is available in Myanmar.
Injunctions can be issued under CPC
order-39- rule-1. A case must be pending
for an injunction to issue.
19. When is a court likely to agree
to a freezing order? Are parties
expected to offer an undertaking
as to damages?
The court may grant temporary
injunction to restrain property in the
following cases:
21. What are the court filing fees that must be paid to initiate a case? How much We provide the ultimate ground advantage for commercial
disputes. Most cases are actually won or lost on the ground,
are the court fees for 1M MMK, 10M MMK, 100M MMK claim?
where the assets are. That is where we come in. Many parties are
hesitant to get involved in litigation in the emerging markets
we cover, but local proceedings can also be turned into an
advantage. If you know the terrain really well, that is.
Filing fees are as follows: Demand of MMK 1 million = MMK500; for MMK 10 million = full range of litigation, arbitration and dispute resolution services.
Our litigators, trial lawyers and foreign consultants are known for
their aggressive stance and creative approach.
MMK50, 000; and for MMK100 million = MMK 500,000, which is the highest court fee in We are known for never giving up. We leave no stone unturned
to get you the leverage you need on the ground. Talk is cheap.
Winning is everything. All the rest is chit chat.
22. Can the claimant win the costs back if he/she wins the case? Myanmar
Vietnam
In the absence of a contractual provision on the subject, the claimant cannot claim
such costs, but claimant can add these costs mentioned as compensation or interest We gain trust with our partners and customers when using VDB
in the plaint.
Loi for advice. They are very efficient, knowledgeable and are well
informed especially on telecom, tax and labour laws. Asialaw
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final conclusion that established the default judgment does not qualify as a
existence of legal liability. The judgment decision on the merits. Notwithstanding
is then considered res judicata between the nonappearance of a duly served SEE OUR PROGRESS IN 2016
the parties. defendant, when evidence is taken on
behalf of the plaintiff and judgment is
However, a foreign judgment will not given on such evidence, the case will be
operate as res judicata on any matter not considered to have been decided on the
directly decided. Generally, in suits on a merits. Myanmar courts insist on strict
foreign judgment, courts cannot inquire proof of service of process to show that
into the merits of the original claim or the defendant had an opportunity to be
the propriety of the decision. In other heard.
words, Myanmar courts cannot sit in
appeal over a foreign judgment because 31. What is the process to enforce a
it proceeded on grounds that would foreign judgment in Myanmar?
not be adequate in Myanmar.
To enforce a foreign judgment, a copy
of the foreign judgment along with PROGRESS REPORT
Three of the criteria that most often
relevant original documents must be 2016
arise when challenging the enforcement
submitted to the court of competent
of a foreign judgment in Myanmar
jurisdiction, according to order 21, CPC.
are whether (i) the foreign court had Myanmar
A suit to enforce a foreign judgment
jurisdiction, (ii) the case was decided
must be brought within six years of
on the merits, or (iii) the proceedings
were in accordance with natural justice.
issuance. https://goo.gl/jfdQ4U
A foreign judgment must have been
32. Is there a legal basis for
decided on the merits of the case
mediation?
for it to be enforceable in Myanmar.
Courts in Myanmar have the power to There is no legal basis for mediation
examine the judgment to determine process under the CPC.
whether it was decided on the merits. A
Edwin is a prominent foreign legal advisor living and working U Aye Kyaw is a Myanmar qualified lawyer and the principal of U
in Myanmar since 2012. He frequently advises the Government Aye Kyaw & Associates VDB Loi, a specialized litigation firm which
on privatizations and transactions in the energy, transport and joined VDB Loi in 2014. He is a former judge, magistrate and law
telecommunications areas. He and our Banking team act for lecturer with nearly 25 year experience in civil and commercial
international financial institutions and DFIs, including on their litigation and arbitration. He and his team of litigators have served
largest ever Myanmar financing, and had a role on virtually every clients in a broad range of industries with services since 1990.
completed project financing transaction. In 2016, Edwin and his
team obtained MIC permits for an astounding 25% to 33% of VDB Lois Disputes team comprises Myanmar qualified trial
approved FDI in Myanmar, and helped establish a foreign bank. lawyers, litigators and foreign arbitration specialists (resident
With our firms Energy team, Edwin worked on 5 out of 7 power in Myanmar) who exclusively work on litigation and arbitration
projects signed in 2016, and advised 4 of the supermajors. matters. We focus on a broad range of commercial disputes, labour
Supported by an exclusively dedicated telecom team, he helped cases, construction disputes, insolvency and debt enforcement. In
clients obtain and negotiate Myanmars first new spectrum and 2016, the disputes team booked a significant win when it was able
IGW licenses this year. to secure the release and clear the employee of a foreign state
agency from criminal charges in connection with a fatal accident.