Republic of the Union of Myanmar
(Burmese: ပြည်ထောင်စုသမ္မတ မြန်မာနိုင်ငံတော်)
I have a foreign judgment that I want to enforce and/or recognise in Myanmar, what are Myanmar's rules?
In summary, a foreign judgment which orders the payment of a fixed sum of money can be recognised and enforced in Myanmar provided it is conclusive. Section 13 of Myanmar's Civil Procedure Code states that a foreign judgment will be deemed to be conclusive as to any matter directly adjudicated upon between the same parties unless:
- the foreign judgment was not pronounced by a court of competent jurisdiction
- the foreign judgment was not given on the merits of the case
- it appears on the face of the proceedings that the foreign judgment was be founded on an incorrect view of international law or a refusal to recognise the law of Myanmar in which such law is applicable
- the proceedings in which the foreign judgment was obtained are opposed to natural justice
- the foreign judgment was obtained by fraud
- the foreign judgment sustains a claim founded on a breach of any law in force in Myanmar.
Each of these requirements matters are set out in ABLI's Myanmar Country Report by Mr Minn Naing Oo.
Who has contributed to ABLI's projects on Myanmar?
The following people have contributed to ABLI's projects on Myanmar:
See ABLI's Jurisdictional Guides for other Asian jurisdictions.