A Comparative Analysis on Commercial Arbitration System in the Republic of the Union of Myanmar and the People’s Republic of China

摘要

The purpose of this thesis is to focus on some of the issues and problems of arbitration system in Myanmar and to give some concrete suggestion for the new Arbitration Law in Myanmar. This thesis will state about the jurisdiction of arbitration，procedures of arbitration and，the award and its recognition and enforcement under the Myanmar Arbitration System compare with practicing under the Chinese Arbitration system. This paper will analyze how a commercial dispute is solved with Arbitration system in Myanmar and to what extent the recent legal development is effective in resolving international commercial disputes. At present，Myanmar arbitration law fails to cope with the emerging modern laws and practices in international commercial arbitration.
　　In order to solve commercial disputes with arbitration system fairly and effectively，reform of domestic laws in Myanmar is necessary. To support the improvement of Arbitration System in Myanmar，the thesis will study Arbitration Laws，substantive Laws and concerning rules on Arbitration in China and Myanmar as well as international practice. It will make comparative analysis of arbitration systems in Myanmar and China and，international standard. All findings will provide for development of Arbitration system in Myanmar.

目录

封面

英文摘要

目录

CHAPTER I Introduction

1.1 Background

1.2 Aims of Research

1.3 Research Question

1.4 Structure of the Thesis

CHAPTER II Jurisdiction of Arbitration

2.1 Theories and Basic Principles of Arbitration

2.2 Jurisdiction of Arbitration under the Myanmar Arbitration System

2.3 Jurisdiction of Arbitration under the Chinese Arbitration System

2.4 Comparative Study on Jurisdiction of Arbitration between China and Myanmar

2.5 Improvement of Jurisdiction of Arbitration for New Myanmar Arbitration Law

CHAPTER III Trial Procedures of Arbitration

3.1 Basic Principles and Theories of Trial Procedures for Arbitration

3.2 Trial Procedures for Arbitration under the Myanmar Arbitration System

3.3 Trial Procedures for Arbitration under the Chinese Arbitration System

3.4 Comparative Study on Trial Procedures of Arbitration between China and Myanmar

3.5 Improvement of Trial Procedures for New Myanmar

Chapter IV Award and its Recognition and Enforcement

4.1. Definition of Award and Types of Award

4.2 Basic Principle of Recognition and Enforcement of Award

4.3 Award and its Recognition and Enforcement under the Myanmar Arbitration System

4.4 Award and its Recognition and Enforcement under the Chinese Arbitration System

4.5 Comparative Study on Recognition and Enforcement of the Award between China and Myanmar

4.6 Improvement of Enforcement of the Award for New Myanmar Arbitration Law

Chapter V Conclusion

5.1 Peculiarities of arbitration in China

5.2 Comparative analysis

5.3 Suggestions for New Arbitration Law of Myanmar

Abbreviations

参考文献

致谢