- CHAPTER 173 - ARBITRATION
- ARRANGEMENT OF SECTIONS
- PART I - CITATION AND INTERPRETATION
- PART II - CONCILIATION
- PART III - ARBITRATION WITHIN BRUNEI DARUSSALAM
- Effect of arbitration agreements etc.
- Arbitrators and umpires
- Conduct of proceedings
- Provisions as to awards
- Costs, fees and interest
- Miscellaneous
- 28. Judicial review.
- 29. Preliminary point of law.
- 30. Exclusion agreements affecting rights.
- 31. Interlocutory orders.
- 32. Power to remit award.
- 33. Removal of arbitrator and setting a side of award.
- 34. Power of Court to give relief.
- 35. Power of Court where arbitrator is removed.
- 36. Enforcement of award.
- 37. Power of Court to extend time.
- 38. Delay in prosecuting claims.
- 39. Terms as to costs etc.
- 40. Commencement of arbitration.
- 41. Government to be bound.
- 42. Application of Part III to statutory arbitrations.
- PART IV - ENFORCEMENT OF CONVENTION AWARDS
- FIRST SCHEDULE
- SECOND SCHEDULE
- ARRANGEMENT OF SECTIONS
LAWS OF BRUNEI
CHAPTER 173
ARBITRATION ARRANGEMENT OF SECfIONS
Section PART I CITATION AND INTERPRETATION
1. Citation
2. Interpretation
PART II CONCILIATION
3. Appointment of conciliator
PART III ARBITRATION WITHIN BRUNEI DARUSSALAM
Effect of arbitration agreements etc.
4. Authority ofarbitrators and umpires
5. Death of party
B.LR.O.lIl999
LAWS OF BRUNEI CAP. 173 Arbitration Arbitrators and umpires
II. When reference is to a single arbitrator Provisions as to awards Costs, fees and interest Miscellaneous BLR.O.1I1999
LAWS OF BRUNEI CAP. 173 Arbitration
PART IV
ENFORCEMENT OF CONVENTION AWARDS
43. When Part IV applies FIRST SCHEDULE
Convention on the Recognition and Enforcement of Foreign Arbitral Awards
Done at New York, on 10th June, 1958
SECOND SCHEDULE
Application of this Act to Judge-Arbitrators
An Act to make provisions for arbitration in civil matters
Commencement: 24th November 1994
PART I
CITAnON AND INTERPRETAnON "arbitration agreement" means an agreement in writing (including an agreement contained in an exchange of letters, facsimiles or telegrams) to submit to arbitration present or future differences capable of settlement by arbitration whether an arbitrator is named therein or not;
"Convention award" means an award to which Part IV applies, namely, an award made in pursuance of an arbitration agreement in a State or territory. other than Brunei Darussalam, which is a party to the New York Convention;
"Court" means the High Court of Brunei Darussalam;
"New York Convention" means the Convention on the Recognition and Enforcement of Foreign Arbitral Awards adopted by the United Nations Conference on International Commercial Arbitration on 10th June 1958, the text of which is set out in the First Schedule.
5.32 /94 5.32/98
Citation
Interpreta· tion
First Schedule
B.L.R.O.II/999
LAWS OF BRUNEI CAP. 173 Arbitration
Appoint
ment of
conciliator
PART II
CONCILlAnON
3. (1) If an arbitration agreement provides for the appointment ofa conciliator by a person who is not one ofthe parties and that person refuses to make the appointment or does not make it within the time specified in the agreement of, if no time is so specified, within a reasonable time not exceeding 2 months of being informed of the existence of the dispute, any party to the agreement may serve the person in question with a written notice to appoint a conciliator (and shall forthwith serve a copy of the notice on the other parties to the agreement) and if the appointment is not 'made within 7 clear days after service of the notice the Court or a judge thereofmay, on the application ofany party to the agreement, appoint a conciliator who shall have the like powers to act in the conciliation proceedings as if he had been appointed in accordance with the terms of the agreement.
(2) Where an arbitration agreement provides for the appointment of a conciliator and further provides that the person so appointed shall act as an arbitrator in the event of the conciliation pr.oceedings "failing to produce a settlement acceptable to the parties PART III
ARBITRATION WITHIN BRUNEI DARUSSALAM
Effect of arbitration agreements etc. Authority of arbitrators and umpires
Death of port,
B.LR.O. JI J999
Bankruptcy
Staying Court proettdings ifsubmiuion to arbitration
LAWS OF BRUNEI
CAP. 173 Arbitration 6. (1) Where it is provided by a term in a contract which a bankrupt is a party that any differences arising thereout or in connexion therewith shall be referred to arbitration, the said term shall. if the trustee in bankruptcy adopts the contract, be enforceable by or against him so far as it relates to any such differences.
(2) Where a person who has been adjudged bankrupt had, before the commencement of the bankruptcy, become a party to an arbitration agreement, and any matter to which the agreement applies requires to be determined in connexion with or for the purposes of the bankruptcy proceedings, then, if the case is one to which subsection (I) does not apply, any other party to the agreement, or, with the consent of the committee ofinspection, the trustee in bankruptcy, may apply to the Court for an order directing that the matter in question shall be referred to arbitration in accordance with the agreement, and the Court may, if it is of opinion that, having regard to all the circumstances of the case, the matter ought to be determined by arbitration, make an order accordingly.
7. Ifany party to an arbitration agreement, or any person claiming through or under him, commences any legal proceedings in any court against any other party to the agreement, or any person claiming through or under him, in respect of any matter agreed to be referred, any party to those legal proceedings may at any -time after appearance, and before delivering any pleadings or taking any other steps in the proceedings, apply to that court to stay the proceedings, and that court or a judge thereof, if satisfied that there is no sufficient reason why the matter should not be referred in accordance with the agreement, and that the applicant was, at the time when the proceedings were commenced, and still remains, ready and willing to do all things necessary to the proper conduct of the arbitration, may make an order staying the proceedings.
8. (1) If any party to an arbitration agreement to which Staying this section applies, or any person claiming through or under Co""
proceedings
him, commences any legal proceedings in any Court against