Research On The Investment Dispute Settlement Mechanism In Myanmar

This dissertation attempts to get the sound foreign investor and state investment dispute settlement mechanism in Myanmar.Investment disputes settlement mechanism is concerned not only the protection of foreign investor/investment but also the development of investment sector in state.If it cannot settle the investment disputes systematically,the investment development will be fail.Therefore,the settlement of investment disputes becomes the essential role of the stability of investment regime.The current law for the foreign investor and state dispute settlement mechanism is Myanmar Investment Law 2016,and the primary rule is Myanmar Investment Rules 2017.According to law and rules provisions,the foreign investor and state dispute settlement mechanism is encouraging the peaceful settlement mechanism.If the peaceful dispute settlement mechanism cannot be settled the dispute,the mechanism of litigation and arbitration can be used.Moreover,the Myanmar Investment Law stated that the prevail of the international provision;“if any provision of this law is contrary to any matter provided for in international treaties and agreements adopted by the Republic of the Union of Myanmar,the provisions contained in the international treaties and agreement shall be abided by for such contradictory provision.” Generally,it can say that foreign investor and state dispute settlement mechanism is better and in line with the international standard.However,in practice,the foreign investor and state dispute settlement mechanism has some necessary point in domestic and international mechanism.The necessary point for domestic mechanism is concerning the procedure and absence the administrative law for foreign investor and dispute settlement mechanism separately.In the dispute between the foreign investor and state,the investor cannot go to litigation and arbitration directly;it needs to do the sending of notice,the steps to be taken under Myanmar Investment Rules and any applicable notification for the settlement of the dispute amicably.Although,the rules provided that for the amicable settlement and for coordinating with the concerning departments,it have no provided any procedure for this mechanism.For this procedure,it needs to clearly provide in this rules.In addition Myanmar it has no any law for the administrative reconsideration and administrative litigation.To provide the necessary procedures,laws and rules in domestic mechanism is still remain and suggestion to perform is first attempts of this dissertation.And,for the foreign investor and state dispute settlement the arbitration mechanism can apply.However,Myanmar allows the ad hoc arbitration mechanism and it has no any arbitration institution.Arbitration law also does not specifically provide the arbitrators qualification.To provide the arbitrator's qualification specifically in the laws and to suggest the establishment of the arbitration institution in Myanmar is second attempts of this dissertation.Not only domestic matter but also in international matters for the foreign investor and state dispute settlement mechanism is also necessary to perform.The first one is Myanmar is not a member of the ICSID Convention.ICSID Convention is the important Convention for the foreign investor and state dispute settlement mechanism.It is benefits for the state and investor.Most of the states are accession to the Convention and to safeguard their outbound investment and to promote the dispute settlement mechanism in state.Accession to the ICSID is also the promotion of Myanmar investment mechanism,especially in the foreign investor and state dispute settlement.Suggestion to the accession in ICSID Convention is the next attempt for this dissertation.Myanmar only has twelve BITs and only six BITs is entering into force.BIT is also the promotion and protection of the foreign investment of the state,the provision of the dispute settlement mechanism is also including for this purpose.To conclude more BITs is also attempting the development of foreign investment and to promote the dispute settlement mechanism of state.Suggestion to conclude more BITs is last attempts of this dissertation.At the suggestion and encouragement of foreign investor and state dispute settlement mechanism in Myanmar,it already compare with China mechanism is taking the experience from China.Because of China accepted the more investment in state and it has few cases of foreign investor and state dispute.This point is very important for Myanmar to take China's experience.China is most emphasis the peaceful settlement and mechanism and the domestic mechanisms of State are also perfect.Therefore,studying China experience is better for Myanmar's foreign investor and state dispute settlement mechanism.