In Myanmar, if one of the parties has initiated the legal proceedings before a court of law despite an arbitration agreement between such parties to resolve the dispute by arbitration, the other party may request the court to refer the case to arbitration under Section 10 (a) of the 2016 Arbitration Law of Myanmar. Taking all material facts into consideration, such as examining as to whether the arbitration agreement between them is null and void, inoperative or enforceable, the court may refer the case to arbitration as it thinks so.
This circumstance poses a legal dilemma for legal practitioners. Does the arbitral tribunal that the court case has been referred to, have jurisdiction only over the disputed matter or subject matter of such court case? Or does the arbitral tribunal also have jurisdiction over other disputed matters between the same parties?
Legal experts have different answers to these legal questions. Some are of the opinion that the arbitral tribunal that the court case has been referred to, has jurisdiction only over the disputed matter or subject matter of such court case. Some firmly believe that the arbitral tribunal also have jurisdiction over other disputed matters between the same parties in addition to the disputed matter of the court case as far as their arbitration agreement applies to those disputed matters. This leads to the subject of a considerable debate within the world of legal professionals to identify to which extent an arbitral tribunal has jurisdiction.
As a reliable solution to this legal issue, the Special Appeal Bench of the Supreme Court of the Union of Myanmar held in a civil special appeal case we have recently won that “The jurisdiction of an arbitral tribunal is not limited to the disputed matter or subject matter of the court case.”
On the basis of this judicial decision, it is apparent that an arbitral tribunal has jurisdiction over, and right to decide, other disputed matters between the same parties insofar as their arbitration agreement applies to those disputed matters, in addition to the subject matter of the court case referred to arbitration under Section 10 (a) of the Arbitration Law 2016.