40. The Respondent also argued that the Claimant had failed to exhaust local remedies available to it, whether by arbitration under the Joint Venture Agreement or otherwise. However the Joint Venture Agreement does not deal with claims against the Government of Myanmar as such, and it envisages different proceedings and remedies from those which could be available in the event of an allegation of a breach of substantive provisions of the 1987 ASEAN Agreement itself. A case such as the present is not brought under the domestic law of Myanmar and does not require or involve espousal by the State of which the Claimant is a national. The