Press Release

The Japan International Cooperation Agency (JICA) and the Supreme Court of the Union (SCU) successfully launched "the Case Study Book on International Transaction" (the Case Study Book) on 13 December 2019. The Case Study Book is expected to impact the dispute resolution mechanism, especially for commercial disputes in Myanmar. The Case Study Book is useful to solving commercial disputes which have been increasing as the foreign investments have been flourishing in Myanmar.

"In Myanmar, it is sometimes the case that public officers interpret laws differently from one another, resulting in people being given different instructions for one occasion to another. We see that this has been causing unnecessary confusion not only for international investors but also for the business community as a whole. The Case Study Book can serve to upgrade practices in government offices and to improve transparency and predictability, not only in the judicial sector but in the administrative sector as well." Mr. Yusuke YUKAWA and Mr. Kyi Chan Nyein of Nishimura & Asahi, one of the biggest Japanese law firms, stress the significance of this Case Study Book. Nishimura & Asahi has made a great contribution to the creation of the Case Study Book as a part of the drafting team. In order to apply and implement laws appropriately to each case that arises in today's fast-moving society, just reading written texts of laws is not often helpful enough. It is also essential for the legal professionals to nurture practical and standardized understanding by referring to some standardized written guidance to make the law transparent and predictable for everyone in the society. This Case Study Book is designed to fill the gap between the written texts of laws and appropriate legal practice based on what laws exactly intend.

SCU invited other governmental organizations including the Union Attorney General's Office (UAGO) and the Ministry of Finance, Planning and Industry, the chamber of commerce in Myanmar and academia, who are all playing important roles in promoting investments and commercial activities in Myanmar. These organizations made many positive comments on the Case Study Book. The Comments includes "The textbook is exactly what we have long wanted" and "It covers all necessary topics for our business such as Company Laws, Labour Laws, various kinds of contracts and regulations on dispute resolution proceedings". SCU has been planning to disseminate the Case Study Book not only to the governmental organizations but also to the general public in near future. On 10, 11 and 12 January 2020, JICA and SCU further provided the training of trainers to those who are expected to give training, using the Case Study Book.

"What is important is that this Case Study Book be used by as many people as possible. As the number of readers of this book increase, the legal practice based on the rule of law will become more solid. It will create a foundation for economic growth" says Mr. Kenta KOMATSU, one of the legal advisors for JICA Judicial and Legal Project.

Since November 2013, the JICA Judicial and Legal Project has been cooperating with SCU and UAGO who have been making great efforts to establish the rule of law in Myanmar. Currently, the project is working to assist SCU and UAGO on various fields, such as a). Court-led mediation, which is started in four pilot courts around Naypyitaw since March 2019 in order to realize fair and efficient procedures, b). Drafting court regulations for intellectual property disputes, c) Development of a business-law-related casebook and its training, d) Support for establishing effective regular training systems, e). Formulation of commercial contract guidelines such as joint venture contract /land lease contract.