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

Abstract

Arbitration — Provisional measures — Standard of jurisdiction required — Prima facie standard — Purpose to safeguard interests of parties — Whether provisional measures appropriate where loss could be compensated by monetary damages

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

Arbitration — 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 existing

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

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