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)
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