International Commercial Arbitration

U Thit Oo Hlaing

Abstract
Arbitration proceeding is non-judicial proceeding for submitting a dispute to a
third person or persons for a binding decisions. There are many advantages to use this
means of proceeding over judicial proceeding. There are no rules relating to private
international law. The more shorter time is needed to solve problems. They can avoid
camera, etc. The enforcement of arbitral award, the rules contain in New York Convention
are more flexible than the earlier Conventional rules. In order to use the arbitration
proceeding, it is needed to draft the arbitration agreement in the business contract before
they start their business transactions. In this agreement, it may be asserted the specific
arbitration rules or arbitration institution to submit the dispute. There are many types of
international commercial arbitrations. It can be distinguished in the basic of the business
transactions, e.g. arbitration relating to investment can be called Investment Arbitration.
There are two types of arbitration rules, ad hoc and institutional arbitration. Most of the Ad
hoc arbitration to follow the rule relating to their arbitration is UNCITRAL Arbitration
Rules. In the other hand, Arbitration Institutions own their specific rules. There are many
Arbitration Institutions, ICC, ICSID, AAA, LCIA, SIAC etc.

Introduction
At present world, international investment, trade and commerce are rapidly
developed everywhere. In order to make international trade, there are no possible way to
avoid the controversy in the field of trade and commerce. To settle the trade disputes,
businesspersons submit their dispute before the arbitrator or arbitrators than that of court
room. It is popular way to settle the disputes arising among them. It is needed to use this
type of proceeding, when they commence their business with another person or persons,
that is to say, they assert the arbitration clause in their agreement.
Arbitration proceedings are non-judicial means for submitting a controversy to a
third person or persons for a binding decision. Arbitration may result either from agreement
of the parties or legislation which requires that process particularly in the field of
commercial transactions.
International arbitration has enjoyed growing popularity with business and other
users over the past 50 years. There are a number of reasons that parties elect to have their
international disputes resolved through arbitration. These include the desire to avoid the
uncertainties and local practices associated with litigation in national courts, the desire to
obtain a quicker, more efficient decision, the relative enforceability of arbitration


Assistance Lecturer, Department of Law, University of Magway
agreements and arbitral awards, the commercial expertise of arbitrators, the parties'
freedom to select and design the arbitral procedures, confidentiality and other benefits.
There are many advantages to use the arbitration means for the settlement of
commercial disputes. So, businessmen choose the way to provide the arbitration in their
contracts. This is useful and popular in commerce.
There are two kinds of international commercial arbitration, Institutional and Ad
Hoc. The parties to the agreement also free to chose the types of arbitration and place,
language, arbitrators, etc.

Meaning and Nature of International Commercial Arbitration

International arbitration is sometimes described as a hybrid form of dispute
resolution, which permits parties broad flexibility in designing arbitral procedures. As one
example, consider the International Bar Association (IBA)'s Rules on the Taking of
Evidence in International Commercial Arbitration, revised in 2010. These rules adopt
neither the common law jurisdictions' broad disclosure procedures (Discovery), nor follow
fully the civil law in eliminating entirely the ability to engage in some disclosure-related
practices. The IBA Rules blend common and civil systems so that parties may narrowly
tailor disclosure to the agreement's particular subject matter. 1
Rules of evidence represents just one example of the different practice that applies
to international arbitration, and which distinguishes it from provincial forms of arbitration
rooted in the procedures of a particular legal system. Similarly, international arbitral
practice has given rise to its own non-country-specific standards of ethical conduct which
are believed to apply in international proceedings and, more to the point, to the arbitrators
who are appointed to conduct them. 2
International arbitration is a leading method for resolving disputes arising from
international commercial agreements and other international relationships. As with
arbitration generally, international arbitration is a creature of contract, i.e., the parties'
decision to submit disputes to binding resolution by one or more arbitrators selected by or
on behalf of the parties and applying adjudicatory procedures, usually by including a
provision for the arbitration of future disputes in their contract. The practice of
international arbitration has developed so as to allow parties from different legal and
cultural backgrounds to resolve their disputes, generally without the formalities of their
respective legal systems.3
The possibility of legal dispute arising is never absent in international trade
transactions. Business dealing naturally gives rise to disputes but when they are
international they are added difficulties often involving various jurisdictions, diverse legal
systems, different procedures and sometimes more then one language. Therefore, disputes

1 www.en.wikipedia.org.
2 http://www.ibanet.org/
3 http://en.wikipedia.org/
settlement has become an important area in international contract and trade 4. Settlement of
disputes in trades either by litigation in court or by alternative nature dispute resolution
international business transactions. Arbitration has been used by parties involved in
commercial disputes for many years and provides a good alter nature to litigation 5.
Disputes are never absent in local or international trade transactions. There were
various arbitration systems in the field of international commerce. Some trading countries
have their own system of arbitration, other applies internationally recognized arbitration
rules, and the rest applies the arbitration rules which are combination of international
arbitration institutions.
Arbitration plays an extremely role in the settlement of international commercial
disputes. Its popularity as an alternation form of dispute resolution procedure stems largely
from the fact that it is an extremely flexible procedure; Arbitration offers the prospect of a
relatively expedient and often cheaper means of settling disputes because the parties can
choose the country in which the arbitration will take place, as well as the forum 6.

The Advantages of International Arbitration

Arbitration is not part of the state system of courts. It is a consensual procedure
based on the agreement of the parties. Here, it is needed to question that why do the parties
to the agreement refer to an arbitration to settle their present or future disputes. The reasons
for arbitration have many advantages.
For international commercial transactions, parties may face many different
choices when it comes to including a mechanism for resolving disputes arising under their
contract. If they are silent, they will be subject to the courts of wherever a disaffected party
decides to initiate legal proceedings and believes it can obtain jurisdiction over the other
party. This may not sit well with parties that need to know at the time of entering into their
contract that their contractual rights will be enforced. The alternative to silence is to specify
a method of binding dispute resolution, which can be either litigation before the domestic
tribunal of one of the parties or arbitration. If the parties choose to resolve their disputes in
the courts, however, they may encounter difficulties. 7
The first is that they may be confined to choosing one or the others' courts, as the
courts of a third country may decline the invitation to devote their resources to deciding a
dispute that does not involve any of that country's citizens, companies, or national interests.
An exception to that rule is New York State, which will not entertain a forum non
convenient motion when the dispute concerns a contract that is worth one million dollars or
more and in which the parties included a choice-of-law clause calling for application of
New York law. The second, and perhaps more significant difficulty, is that judicial

4 Swe Swe Aung, Daw, The Importance of Arbitration Clause in International Commercial Contracts, Law Journal, Vol VII, No.(1), Aug,

2005, p-4

5 Ibid, p-4

6 Pamela Sellman, Law of International Trade, the HLT Group Ltd, 1995, 2nd Edition, p-238

7 http://en.wikipedia.org
decisions are not very "portable" in that it is difficult and sometimes impossible to enforce
a court decision in a country other than the one in which it was rendered. 8
Arbitration is a private process for the binding resolution of a dispute through the
decision of one or more private individuals selected by the parties to the dispute. The
advantage of arbitration is especially obvious in disputes of a professional commercial
character, which require that whoever settles the dispute possesses special expertise 9.
Parties may select an arbitrator who has specialized knowledge of trade practices
or the parties may opt to choose a retire judge, law professor, or attorney with legal
expertise. The appointment of an expert arbitrator in this special field may save the parties
much of the time and money generally necessary in court proceedings to summon expert
witnesses to clarify a complicated topic10.
The parties may be released from the complicated rules of procedure and evidence
that apply in the courts, and they may also agree upon the substantive law to be applied to
the resolution of the conflict. The parties agreeing to international arbitration have the
opportunity to choose the location for the arbitration and the language to be used 11.
Arbitration has been used by parties involved in commercial disputes for many
years and provides a good alter nature to litigation. Arbitration has several advantages over
litigation as a mean for resolving disputes. The main advantages of arbitration procedure
are privacy since the public and press have no right to attend a hearing before arbitration.
The next advantage of arbitration is more quicker than the court procedure while
the arbitrations may practice the formal hearings and strict rules of evidence and procedure.
Then the court system may be cheaper than arbitration, where the arbitration's
remuneration and all the venue costs must be met by the parties. But the result of
arbitration may less easy to predict than court proceeding and venue and timing may be
more flexible. Therefore, arbitration method is finally established as reliable institutions in
the settlement of controversies in commercial transactions. The primary advantages of
arbitration may be listed as follows:
First, arbitration proceedings allow the parties insuperable latitude in selecting the
forum and persons which will be seized of the dispute. Discretion in selecting the forum for
arbitration, as well as the arbitrator himself, may give the parties a greater degree of
confidence than might otherwise be the case of a matter is referred to the courts where the
parties have no influence over the appointment of a judge.
Secondly, arbitration proceedings tend to be more informal and flexible than strict
legal proceedings. The parties will be able to air their differences in a less formal venue
than the courts and the procedure itself will generally be more relaxed.
Thirdly, the arbitration hearing can be held in private and the award need not be
published. A lock of publicity may be a significant consideration for the parties and more
beneficial to their business relationships.
Fourth, as a general rule, the cost of arbitration is less expensive than formal legal
proceedings. One of the more attractive aspects of arbitration is the significant savings in

8 http://en.wikipedia.org
9 Swe Swe Aung, Daw, The Importance of Arbitration Clause in International Commercial Con tracts, supra, p-4

10 Ibid, p-4

11 Ibid, p-4
legal cost. On the other hand, with arbitration, the parties are regarded to meet the
arbitrator's fees as well as paying for the venue.
Next advantage is that arbitrators often fix the date for hearing at an earlier stage
and deliver their opinions within a relatively short period of time.
Finally, arbitration awards may be enforceable abroad it the country where
enforcement is anticipated is a party to the New York Convention on the Enforcement of
Foreign Arbitral Awards 1958. Enforcing a judgment of a court abroad is a difficult, if not
impossible, task. An arbitration award is a more flexible instrument to enforce12.

Neutrality and Enforceability of Arbitration Awards

The ability to resolve disputes in a neutral forum and the enforceability of binding
decisions are often cited as the main advantages of international arbitration over the
resolution of disputes in domestic courts. And there is solid legal support for this view. The
principal instrument governing the enforcement of commercial international arbitration
agreements and awards is the United Nations Convention on Recognition and Enforcement
of Foreign Arbitral Awards of 1958, (the "New York Convention"). The New York
Convention was drafted under the auspices of the United Nations and has been ratified by
more than 140 countries, including most major countries involved in significant
international trade and economic transactions. The New York Convention requires that the
states that have ratified it to recognize and enforce international arbitration agreements and
foreign arbitral awards issued in other contracting states, subject to certain limited
exceptions.13
As a practical matter, what that means is that an international award originating in
a country that is a party to the New York Convention may be enforced in any other country
that is also a signatory, as if that award were actually rendered by the domestic courts of
that second country.14

Drafting of International Arbitration Clause

Unlike traditional court proceedings, arbitration proceedings are confidential and
private. It is obviously preferable for the resolution of conflicts which the parties would
rather not publicize. The arbitrators are chosen by the parties to the dispute, which
increases the probability that they will uphold the arbitral award and implement it15.
To arbitrate, parties to the contract shall agree for arbitration in other words, an
agreement for arbitration shall be contained in the contract itself. This is called an
arbitration agreement.
Arbitration agreement is an agreement by the parties to submit to arbitration all or
certain disputes which have arisen or which may arise between them in respect of a defined

12 Pamela Sellman, Law of International Trade, supra, p-243

13 http://www.altenburger.ch/uploads/tx_altenburger/jl_2008_Swiss_Rules_Commercial_ Mediation.
14 ibid
15 Swe Swe Aung, Daw, The Importance of Arbitration Clause in International Commercial Con tracts, supra, p-5
legal relationship, whether contractual or not. An arbitration agreement may be in the form
of an arbitration clause in a contract or in the form of a separate agreement16.
The arbitration agreement shall be in writing. An agreement is in writing if it is
contained in a document signed by the parties or in an exchange of letters, telex, telegrams
or other means of telecommunication which provide a record of the agreement or in an
exchange of statements of claim and defence in which the existence of an agreement is
alleged by one party and not denied by another. The reference in a contract to a document
containing an arbitration clause constitutes an arbitration agreement provided that the
contract is in writing and the reference is such as to make that clause part of the contract.17
Most arbitral institutions have promulgated model clauses for parties to use to
authorize the institution to oversee the arbitration. A number of specialized publications
regarding the drafting of international arbitration clauses are available. 18
In order to bridge the gap when parties to an international agreement have
difficulty in agreeing upon an arbitral institution, some international arbitration specialists
recommend using an arbitration clause that authorizes two arbitral institutions in the same
city. Those clauses generally empower the party commencing the arbitration to select the
arbitral institution.19
It is also provided in Section 29 (a) of the Myanmar Arbitration Act (1944), stats
that 'arbitration agreement' means a written agreement to submit present or future
differences to arbitration, whether an arbitration is named therein or not.
Arbitration has been used by parties involved in commercial disputes for many
years and provides a good alter nature to litigation. By including an arbitration clause in
their contracts with trading partners, they opt to have disputes decided finally by private
individuals selected by the parties rather than litigating them in national courts. A well-
drafted clause is critical to achieving the benefits of arbitration, and thus drafting
arbitration clause plays an important role in commercial contracts.

Types and procedures of International Arbitration

There are three kinds of arbitration. The first kind of arbitration is Arbitration
under International Law which known as Inter-states Arbitration, because both parties are
sovereign states. The next kind is domestic arbitration. A domestic arbitration is one which
not involving foreign element. The last kind is non-domestic or international arbitration. It
involves some foreign element.
Types of International Arbitration may be categorized by the following ways,
namely;
1. International Commercial Arbitration
2. Inter-state Arbitration
3. Investment Arbitration, and
4. Other Specific Arbitration.

16 Art.7(1) of UNCITRAL model law

17 Art,7(2) of UNCITRAL model law
18 http://en.wikipedia.org/
19 ibid
 The other way to classify the arbitration apart from inter state one is to do so on
the basis of the subject-matter involved such as
(a) Commodity Trade Arbitration
(b) Documents only arbitration in consumer disputes
(c) Constitution industries arbitration
(d) Maritime arbitration
(e) Rent-Review and property Valuation Arbitration
(f) International Commercial Arbitration etc.
International Commercial Arbitration
The resolution of disputes under international commercial contracts is widely
conducted under the auspices of several major international institutions and rule making
bodies. The most significant are the International Chamber of Commerce (ICC), the
International Centre for Dispute Resolution (ICDR), the international branch of the
American Arbitration Association, the London Court of International Arbitration (LCIA),
the Hong Kong International Arbitration Centre, and the Singapore International
Arbitration Centre (SIAC). Specialist ADR bodies also exist, such as the World Intellectual
Property Organization (WIPO), which has an arbitration and mediation center and a panel
of international neutrals specializing in intellectual property and technology related
disputes.20
In commercial transaction, the following two arbitrations are important, namely,
international investment arbitration and other specific arbitration.

International Investment Arbitration

The last few decades have seen the promulgation of numerous Bilateral
Investment Treaties (BITs), as well as Multilateral Investment Treaties, which are designed
to encourage investment in signatory countries by offering protections to investors from
other signatory states. One of the significant features of some BITs is that they provide
investors with the ability to resolve disputes with the host states before the International
Centre for the Settlement of Investment Disputes (ICSID).21

Other Specific Arbitration

According to nature of contract made between parties, there may be contrasts
between them. Depend on the nature of disputes, other than above mentioned, settle by
arbitration can be called "specific arbitration", such as construction dispute.

Procedures of International Commercial Arbitration

The 'international arbitration' is a logical choice for settlement of dispute arising
from international commercial transaction. There are two great categories of international
arbitration procedures namely;
(1) Institutional arbitration and
(2) Ad hoc arbitration

20 http://www.wipo.int/amc/en/.
21 Ibid
 Institutional arbitration

In their arbitration agreement the parties may opt for institutional arbitration or for
ad hoc arbitration. Often the parties will agree an arbitration under the rules of one of the
'institutions' which provide facilities for the arbitral settlement of disputes arising in
international commercial transitions. Institutional arbitration offers some advantages over
ad hoc arbitration. The institution usually offers administrative assistance with respect to
the conduct of the arbitration and its rules contain a code of procedure for the conduct of
the arbitration. Many institutions, in countries throughout the world, have drafted sets of
rules for the conduct of arbitrations in the hope of attracting lucrative arbitration business
to their centers. Among them are the American Arbitration Association, the Euro-Arab
Chambers of Commerce, the London court of International Arbitration (LCIA), the
Netherlands Arbitration Institute, the Stockholm Chamber of Commerce and the former
USSR Chamber of commerce and Industry.

Institutional Arbitration Rules

It was noted that all modern arbitration laws allow the parties to decide on the
procedures to be followed in the arbitration. In most cases the parties exercise that right by
choosing an arbitration institution in which the arbitration will take place. Any arbitration
that takes place in the context of an institution will be conducted in accordance with the
rules of that organization.22 Therefore, the rules of the various arbitration institutions
constitute the third level of legal rule governing international commercial arbitration. The
rules set forth the procedure for the commencement of the arbitration, the appointment of
the arbitrators, the conduct of the proceedings and the issuance of the award. Although all
of these matters institutional rules may reflect the particular needs of the type of
arbitrations that take place at that institution. Rules for arbitrations in the commodity
trades needs not be and probably should not be, the same as those in the constitution
industry. Most arbitration organizations have only one set of arbitration rules.
Differentiation in procedure arises out of the specialization of the organizations. However,
some arbitration organizations have multiple rules for different types of disputes.

Ad hoc Arbitration
It in their arbitration agreement the parties decide in favour of ad hoc arbitration
they may agree on the arbitrator or leases appointment to a third. In major contracts, the
arbitration clause will sometimes provide for a three person's arbitration tribunal each party
appointing his arbitrator and the two arbitrators electing the chairman.
Whether the arbitration agreement provides for ad hoc or institutional arbitration it
should always specify venue and the language of the arbitration.
In ad hoc arbitration, it is advisable to provide for the application of the
UNCITRAL Arbitration Rules. The UNCITRAL Arbitration Rules of 1976 represents an

22 The Settlement of Disputes in International Law, Johm Collie and Vaughan Lowe, oxford University Press, P. 233
attempt to make life easier for parties desiring ad hoc clauses. These rules may minimize
procedural disputes and enable a deadlock an arbitral broken 23.

Three Types of Ad hoc Arbitral Tribunals

Ad hoc arbitral tribunals have been, basically, of three types:
(1) The single arbitrator
(2) The joint commission and
(3) The mixed commission
The single arbitrator is chosen by mutual agreement between the parties. He
would frequently be a foreign sovereign or head of state or even chief justice of a neutral
state. The primary difficulty obviously was to secure agreement on the arbitrator.24
With the joint commission the tribunal would consist of a plurality of persons, as
opposed to a single arbitrator. In some, each party would appoint an equal number of
commissioners. For example, the Alashan Boundary Tribunal, 1903, by the U.S and Great
Britain has six members, three appointed by each party. 25
Here the process becomes almost one of negotiation of a compromise, and the risk
of a failure to reach agreement is high. This risk is lessened by the practice adopted in the
1794 Jay Treaty of choosing an "odd" number by agreement or by lot. Since the odd
member was also a national of one or other party, it is not possible to regard this as the
introduction of a "neutral" element.
A substantial advance is seen in the mixed commissions which contain a neutral
element. That is to say, they include a member or members with the decisive vote and not
nationals of either party. In the celebrated Alabama Claims of 1872, U.S and Great Britain
as parties each appointed one member only. The King of Italy, the President of the Swiss
Confederation and the Emperor of Brazil each appointed one further member, producing a
kind of collegiate international court. The precedent was successfully followed in the
Behring Sea Fur Seals Arbitration of 1893.26

Ad hoc arbitration rules

Some arbitration takes place without any reference to an arbitration institution.
They are referred to as ad hoc arbitrations. There are many reasons why two parties may
decide to have an ad hoc arbitration rather than one in the context of an arbitration
institution. One of the more prominent is that arbitration involving a limited amount of
money and two parties in agreement that they wish to arbitrate their dispute may be less
expensive and cumbersome as an ad hoc arbitration than one in an institution. The parties
may also choose ad hoc arbitration because they were not able to agree on an institution.
The major disadvantage of ad hoc arbitration is that, while at the time of
concluding the contract the parties may expect any dispute they might have to be settled in
a friendly manner; at the time the dispute ripens they may be less inclined to cooperate. In
particular, since any particular procedural rule may favour one or the other party in the
dispute that now exists, they are unlikely to be able to settle upon the rules of procedure for

23 http://www.wipo.int/amc/en/.
24 Ibid
25 Ibid
26 The Settlement of Disputes in International Law, Johm Collie and Vaughan Lowe, supra, P. 234
their arbitration. Without the rules of an arbitration institution as well as the impetus that a
permanent structure can give, they may well find it difficult even to commence the
arbitration27.
The difficulties inherent in an ad hoc arbitration have been largely overcome by
the preparation of two sets of rules for ad hoc arbitrations, the ECE Arbitration Rules and
the UNCITRAL Arbitration Rules. The parties can provide in the arbitration clause in their
contract that any dispute they may have will be settled by arbitration in accordance with the
Rules. If a dispute does arise that must be settled by arbitration, the rules of procedure
have already been agreed upon and the arbitration can commence. While the ECE
Arbitration Rules have been widely used on the continent of Europe, they have been
eclipsed by far by the UNCITRAL Arbitration Rules.28
The UNCITRAL Arbitration Rules were adopted in 1976 and were quickly
accepted throughout the world. It is unknown how many arbitration takes place using the
Rules. Since there is no tabulation of ad hoc arbitrations, and by the nature of such
arbitrations there cannot be. An ad hoc arbitration under the Rules can take place in two
different ways. One is purely ad hoc, i.e, no institution plays any rule in the arbitration.
The other is that an arbitration institution takes some administrative tasks at the request of
the panties.
These UNCITRAL Rules are almost indispensable in ad hoc arbitration and many
institutions, Actually the UNCITRAL Arbitration Rules do not have the force o law in any
country. They may be adopted by the contracting parties.
Article 28 of the UNCITRAL Arbitration Rules states that the UNCITRAL Rules
may also be adoptet within a modified institutional arbitration agreement. The least
involvement of the institution comes from being named as the "appointing authority". It the
parties are unable to appoint the arbitrator or one or more of the arbitrations in a three
member tribunal, the Rules authorize the appointing authority to do so.29 If a challenge is
made to an arbitrator, the challenge will be heard by the appointing authority30.
Many arbitration organizations have indicated that they are willing to be
appointing authority under the UNCITRAL Arbitration Rules. The parties may also
request the arbitration institution to uncle take the secretariat functions that will be
necessary during the arbitration and many arbitration institutions have indicated how they
would administer such arbitrations, if requested.
At its 1982 session in recognition that a number of arbitration institutions had
used the Rules as the basis for their own institutional rules, UNCITRAL adopted
"Recommendations to assist arbitral institutions and other interested bodies with regard to
arbitrations under the UNCITRAL Arbitration Rules. 31 UNCITRAL welcomed the
development as one leading towards the desirable unification of arbitral procedure.
The Rules have also been used extensively outside the ambit of traditional
international commercial arbitration. They were used with some modifications in the highly
contentious Iran-United Slates arbitrations in The Hague, and were found to work well. It

27 The Settlement of Disputes in International Law, Johm Collie and Vaughan Lowe, supra, P. 240
28 Ibid, P. 241
29 Ibid P. 241
30 Ibid, P, 243
31 Ibid. P. 243
may be on the basis of that experience that many Bilateral Investment Treaties offer ad hoc
arbitration under the UNCITRAL Arbitration Rules as one of the means of dispute
settlement between a foreign investor and the host State.

Conclusion
International Commercial Arbitration is the popular way to settle the disputes
arising between international business transactions. There are many advantages to use this
means of disputes settlement mechanism. The salient advantages of arbitration proceedings
are as follows;
 can avoid the camera or press,
 can make convenient trial,
 can use convenient language,
 can provide effective rules and procedures,
 can take easier enforcement of award than the judgment of courts, etc.
The arbitration proceedings are more and more popular in business transactions.
Many attempts to make a uniform rules and procedures were made by means of bilateral
and multilateral agreements. There are many arbitration institutions in the global level. The
most popular institutions are ICC, LCIA, AAA, ICSID etc. It can be seen that many
international traders more satisfy the rules relating to recognition and enforcement in New
York Convention than Geneva Rules.

Acknowledgement
First I am thankful to my Professor Dr. Daw Khin Nyo Department of Law,
University of Magway for her invaluable advice, suggestions and kind support. I
would also like to thank Professor Dr. Daw Nu Nu Yi, Department of Law,
University of Mandalay, for his kind support and guidance on preparing and making
this paper possible. I am most grateful to Pro-Rector Dr. Aye Kyaw, Daw Khin Nyo
Professor & Head of Law Department, University of Magway and all my colleagues
for their kind support and guidance on preparing and making this paper possible.

Reference Books
1. Pamela Sellman, Law of International Trade, the HLT Group Ltd, 1995, 2nd
Edition.
2. Swe Swe Aung, Daw, The Importance of Arbitration Clause in International
Commercial Contracts, Law Journal, Vol VII, No.(1), Aug, 2005
3. Johm Collie and Vaughan Lowe, The Settlement of Disputes in International Law,
Oxford University Press

Reference Websites
http://www.altenburger.ch.
http://en.wikipedia.org.