Yaung Chi Oo Trading Pte Ltd v. Government of the Union of Myanmar

Abstract

Provisional measures — Standard of jurisdiction required — Prima facie standard

Provisional measures — Application for discovery of evidence — Requirement of specificity

Provisional measures — Purpose to safeguard the interests of the parties — Whether provisional measures are appropriate where loss could be compensated by monetary damages

Jurisdiction — Privity — Whether mutuality of consent existed — Whether treaty in force at time of claim

Jurisdiction — Exhaustion of local and contractual remedies — Differences between international commercial arbitration under treaty and local actions under municipal law — Whether any treaty requirement to exhaust other remedies existed

Interpretation — ASEAN Investment Agreement, 1987 — Interpretation of “investment” — Whether there was a direct inward investment from another Member State — Whether the investing company was effectively managed from the State of incorporation — Presumption against loss of treaty protection — Whether investment was approved in writing and registered

Interpretation — ASEAN Framework Agreement, 1998 — Interpretation of “ASEAN investment” — Relation to the 1987 Agreement — Whether intended to amend the earlier treaty or operate cumulatively — Whether concepts of investment were distinct — Relevance of State practice in ASEAN — Object and purpose of treaty