CIArb News

CIArb’s response to coup in Myanmar

05 Feb 2021

The Chartered Institute of Arbitrators (CIArb) is saddened by recent developments in Myanmar which have seen the overthrow of the elected government of Aung San Suu Kyi and the installation of a military junta ruling under a year-long state of emergency. This action grossly undermines fundamental principles of the rule of law, and we recognise it as a violation of a credible general election result and as an unconstitutional coup.

The turmoil, uncertainty and reputational damage inflicted by this action could seriously impact Myanmar’s ability to attract valuable foreign investment. It also threatens the welcome progress that has been made in the last decade towards embedding arbitration and ADR within the country’s legal framework. Since acceding to the New York Convention in 2013, Myanmar has taken positive steps to promote arbitration, including enacting the Arbitration Law (2016) based closely on the UNCITRAL Model Law and building capacity in the judiciary to support arbitration. It is imperative going forward that these gains are defended and built upon.

CIArb urges the Judiciary in Myanmar to reaffirm its commitment to arbitration and reassure investors and businesses that they will have recourse to redress. Such reassurance is an important step to protecting investment in the country, and we stand ready, at an appropriate juncture, to assist with training and capacity building to facilitate the wider use of arbitration and other forms of ADR.

Catherine Dixon (Director General, CIArb)

29 Nov 2023

Joint intervention success as Churchill judgment allows the courts to order parties to mediate

In a significant moment for mediation, the highly anticipated Churchill judgment overturns the decision in Halsey, confirming it is not a breach of human rights to integrate mediation into the court process and, where appropriate, to order parties to mediate. CMC, Ciarb and CEDR joined forces to intervene in the case, arguing strongly for this outcome.

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16 Nov 2023

Ciarb intervenes twice during UNCITRAL WG III’s latest session

In a lively session focusing on the establishment of an advisory centre in international law and cross-cutting issues, Ciarb intervened twice on behalf of members.

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14 Nov 2023

Payments for construction contracts and statutory adjudication around the globe

Janey L. Milligan LLM FCIArb FRICS compares construction payment and adjudication legislation in the UK, Singapore and Ontario, Canada.

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