No. S 34
CONSTITUTION OF BRUNEI DARUSSALAM (Order under Article 83(3)1 ARBITRATION ORDER/ 2009 ARRANGEMENT OF SECTIONS Section PART I PRELIMINARY L Short title/ commencement and long title.
PART II ARBITRATION AGREEMENT
PART III STAY OF LEGAL PROCEEDINGS
PART IV COMMENCEMENT OF ARBITRATION PROCEEDINGS
403
PART V ARBITRAL TRIBUNAL
PART VI JURISDICTION OF ARBITRAL TRIBUNAL
21. Separability of arbitration clause and competence of arbitral tribunal to rule on its own jurisdiction.
PART VII ARBITRAL PROCEEDINGS
PART IX POWERS OF COURT IN RELATION TO AWARD
PART X GENERAL
CONSTITUTION OF BRUNEI DARUSSALAM (Order under Article 83(3))
ARBITRATION ORDER, 2009
In the exercise of the power conferred by Article 83(3) of the Constitution of
Brunei Darussalam, His Majesty the Sultan and Yang Di-Pertuan hereby makes
the following Order
PART I PRELIMINARY
Short title, commencement and long title.
1. (1) This Order may be cited as the Arbitration Order, 2009 and shall commence on a day to be appointed by the Attorney General, with the approval of His Majesty the Sultan and Yang Di-Pertuan, by notification in the Gazette.
(2) The long title of this Order is "An Order to provide for arbitration in civil matters and for matters relating thereto".
Interpretation.
2. (11 In this Order, unless the context otherwise requires
"appointing authority" means the appointing authority designated under sections 13(8) or (9);
"arbitral tribunal" means a sole arbitrator, a panel of arbitrators or an arbitral institution;
"arbitration agreement" has the meaning given to it by section 4(1);
"award" means a decision of the arbitral tribunal on the substance of the dispute and includes any interim, interlocutory or partial award/ but excludes any order or direction made under section 28;
"Courtll means the High Court;
"court"/ for the purposes of sections 6, 7, 8, IIp}, 56 and means the High Court/ an Intermediate Court, a Court of a Magistrate or any other court in which the proceedings referred to in those sections are instituted or heard;
"party" means a party to an arbitration agreement or, in any case where an arbitration does not involve all of the parties to the arbitration agreementI means a party to the arbitration;
"place of the arbitration" means the juridical seat of the arbitration designated by
fa) the parties to the arbitration agreement;
fb) any arbitral or other institution or person authorised by the parties for that purpose; or
fe) the arbitral tribunal as authorised by the parties,
or determined, in the absence of any such designation, having regard to the arbitration agreement and all the relevant circumstances;
"Registrar of the Supreme Court" has the same meaning as in section 2 of the Supreme Court Act (Chapter 5);
"Rules of Court" means the Rules of Court made by the Chief Justice under this Order.
3. This Order shall apply to any arbitration where the place of arbitration is Brunei Darussalam and where Part II of the International Arbitration Order, 2009 does not apply to that arbitration.
PART II ARBITRATION AGREEMENT
Arbitration agreement.
4. (1) In this Order, "arbitration agreement" means an agreement by the parties to submit to arbitration all or certain disputes which have arisen or which may arise between them, whether contractual or not.
fa) a document signed by the parties; or
Ib) an exchange of letters, telex, telefacsimile or other means of communication which provide a record of the agreement.
(4J Where in any artitral or legal proceedings, a party asserts the existence of an arbitration agreement in a pleading, statement of case or any other document in circumstances in which the assertion calls for a reply and the assertion is not denied, there shall be deemed to be an effective arbitration agreement as between the parties to the proceedings.
(5J A reference in a bill of lading to a charterparty or other document containing an arbitration clause shall constitute an arbitration agreement if the reference is such as to make that clause part of the bill of lading.
Arbitration agreement not to be discharged by death of party.
5. (1 J An arbitration agreement shall not be discharged by the death of any party to the agreement but shall continue to be enforceable by or against the personal representative of the deceased party.
PART III STAY OF LEGAL PROCEEDINGS
Stay of legal proceedings.
6. (1) Where any party to an arbitration agreement institutes any proceedings in any court against any other party to the agreement in respect of any matter which is the subject of the agreement, any party to the agreement may, at any time after entering an appearance and before delivering any pleading or taking any other step in the proceedings, apply to that court to stay the proceedings so far as they relate to that matter.
(2) The court to which an application has been made in accordance with subsection (1) may, if it is satisfied that
make an order, upon such terms as it thinks fit, staying the proceedings so far as they relate to that matter.
Court's powers on stay of proceedings.
7. (1) Where a court stays proceedings under section 6, the court may, if in those proceedings property has been arrested or bail or other security has been given to prevent or obtain release from arrest, order that
Reference of interpleader issue to arbitration.
8. Where in proceedings before any court relief by way of interpleader is granted and any issue between the claimants is one in respect of which there is an arbitration agreement between them, the court granting the relief may direct the issue between the claimants to be determined in accordance with the agreement.
PART IV COMMENCEMENT OF ARBITRATION PROCEEDINGS
Commencement of arbitration proceedings.
9. Unless otherwise agreed by the parties, the arbitration proceedings in respect of a particular dispute shall commence on the date on which a request for that dispute to be referred to arbitration is received by the respondent.
Powers of Court to extend time for beginning of arbitration proceedings.
10. (1) Where the terms of an arbitration agreement to refer future disputes to arbitration provide that a claim to which the arbitration agreement applies shall be barred unless
within a time fixed by the agreement and a dispute to which the agreement applies has arisen, the Court may, if it is of the opinion that in the circumstances of the case undue hardship would otherwise be caused, extend the time for such period and on such terms as it thinks fit.
(2) An order of extension of time made by the Court under subsection (1)
{a} may be made only after any available arbitral process for obtaining an extension of time has been exhausted;
{b} may be made notwithstanding that the time so fixed has expired; and
fe) shall not affect the operation of sections 9 and 11 and any other written law relating to the limitation of actions.
Application of Chapter 14.
11. (1) The Limitation Act (Chapter 14) shall apply to arbitration proceedings as it applies to proceedings before any court and a reference in that Act to the commencement of any action shall be construed as a reference to the commencement of arbitration proceedings.
(2) The Court may order that in computing the time prescribed by the Limitation Act for the commencement of proceedings (including arbitration proceedings) in respect of a dispute which was the subject-matter of
the period between the commencement of the arbitration and the date of the order referred to in paragraphs (a) or (b) shall be excluded.
(3) Notwithstanding any term in an arbitration agreement to the effect that no cause of action shall accrue in respect of any matter required by the agreement to be referred until an award is made under the agreement, the cause of action shall, for the purpose of the Limitation Act, be deemed to have accrued in respect of any such matter at the time when it would have accrued but for that term in the agreement.
PART V ARBITRAL TRIBUNAL
Number of arbitrators.
12. (1) The parties are free to determine the number of arbitrators.
(2) Failing such determination, there shall be a single arbitrator.
Appointment of arbitrators.
13. (I) Unless otherwise agreed by the parties, no person shall be precluded by reason of his nationality from acting as an arbitrator.
raj in an arbitration with 3 arbitrators, each party shall appoint one arbitrator, and the parties shall by agreement appoint the third arbitrator; or
{bJ in an arbitration with a sole arbitrator, if the parties are unable to agree on the arbitrator, the arbitrator shall be appointed, upon the request of a party, by the appointing authority.
(4) Where subsection (3){aJ applies
raj if a party fails to appoint an arbitrator within 30 days of the receipt of the first request to do so from the other party; or
{bJ if the 2 parties fail to agree on the appointment of the third arbitrator within 30 days of the receipt of the first request by either party to do so,
the appointment shall be made, upon the request of a party, by the appointing authority.
(5) If, under an appointment procedure agreed upon by the parties raj a party fails to act as required under such procedure; {bJ the parties are unable to reach an agreement expected of them
under such procedure; or
fe} a third party, including an arbitral institution, fails to perform any function entrusted to it under such procedure,
any party may apply to the appointing authority to take the necessary action unless the agreement on the appointment procedure provides other means for securing the appointment.
161 Where a party makes a request or makes an application to the appointing authority ynder subsections (3), (4) or (5), the appointing authority shall, in appointing an arbitrator, have regard to the following
fa} the nature of the subject-matter of the arbitration;
fb} the availability of any arbitrator;
fe) the identities of the parties to the arbitration;
(dJ any suggestion made by any of the parties regarding the appointment of any arbitrator;
(eJ any qualifications required of the arbitrator by the arbitration agreement; and
(fJ such considerations as are likely to secure the appointment of an independent and impartial arbitrator.
Grounds for challenge.
14. (1) Where any person is approached in connection with his possible appointment as an arbitrator, he shall disclose any circumstance likely to give rise to justifiable doubts as to his impartiality or independence.
(2) An arbitrator shall, from the time of his appointment and throughout the arbitration proceedings, disclose without delay any such circumstance as is referred to in subsection (1) to the parties, unless they have already been so informed by him.
(3} Subject to subsection (4), an arbitrator may be challenged only if
15. (1) Subject to subsection (3), the parties may agree on a procedure for challenging an arbitrator.
Failure or impossibility to act.
16. (1) A party may request the Court to remove an arbitrator
fa} who is physically or mentally incapable of conducting the proceedings or where there are justifiable doubts as to his capacity to do so; or
fb} who has refused or failed
and where substantial injustice has been or will be caused to that party.
Arbitrator ceasing to hold office.
17. (1) The authority of an arbitrator shall cease upon his death.
(2) An arbitrator shall cease to hold office if fa} he withdraws from office under section 15(3); fb} an order is made under section 15(4) for the termination of his
mandate or his removal;
fc) he is removed by the Court under section 16 or by an institution referred to in section 16(2); or
fd) the parties agree on the termination of his mandate.
(3) The withdrawal of an arbitrator or the termination of an arbitrator's mandate by the parties shall not imply acceptance of the validity of any ground referred to in sections 14(3) or 16(1).
Appointment of substitute arbitrator.
18. (1) Where an arbitrator ceases to hold office, the parties may agree
fa) whether and if so how the vacancy is to be filled;
fb) whether and if so to what extent the previous proceedings should stand; and
fc) what effect (if any) his ceasing to hold office has on any appointment made by him, whether alone or jointly.
Decision by panel of arbitrators.
19. (1) In arbitration proceedings with more than one arbitrator, any decision of the arbitral tribunal shall be made, unless otherwise agreed by the parties, by all or a majority of all its members.
(2) Any question of procedure may be decided by a presiding arbitrator if so authorised by the parties or all members of the arbitral tribunaL
Liability of arbitrator.
20. An arbitrator shall not be liable for
fa) negligence in respect of anything done or omitted to be done in the capacity of the arbitrator; or
(b) any mistake of law, fact or procedure made in the course of arbitration proceedings or in the making of an arbitral award.
PART VI
JURISDICTION OF ARBITRAL TRIBUNAL
Separability of arbitration clause and competence of arbitral tribunal to rule on its own jurisdiction.
21. (1) The arbitral tribunal may rule on its own jurisdiction, including any objections to the existence or validity of the arbitration agreement.
PART VII ARBITRAL PROCEEDINGS
General duties of arbitral tribunal.
22. The arbitral tribunal shall act fairly and impartially and shall give each party a reasonable opportunity of presenting his case.
Determination of rules of procedure.
23.· (1) Subject to the provisions of this Order, the parties may agree on the procedure to be followed by the arbitral tribunal in conducting the proceedings.
Statements of claim and defence.
24. (1) Within the period of time agreed by the parties or, failing such agreement, as determined by the arbitral tribunal, the claimant shall state fa) the facts supporting his claim;
fb) the points at issue; and fe) the relief or remedy sought,
and the respondent shall state his defence in respect of the particulars set out in this subsection, unless the parties have otherwise agreed to the required elements of such statements.
Hearings and written proceedings.
25. (I) Subject to any contrary agreement by the parties, the arbitral tribunal shall determine if proceedings are to be conducted by oral hearing for the presentation of evidence or oral argument or on the basis of documents and other materials.
(4l All statements, documents or other information supplied to the arbitral tribunal by one party shall be communicated to the other party.
(5l Any expert report or evidentiary document on which the arbitral tribunal may rely in making its decision shall be communicated to the parties.
Consolidation of proceedings and concurrent hearings.
26. (1) The parties may agree
on such terms as may be agreed.
Power to appoint experts.
27. (1) Unless otherwise agreed by the parties, the arbitral tribunal may
(2l Unless otherwise agreed by the parties, if a party so requests or if the arbitral tribunal considers it necessary, the expert shall, after delivery of his written or oral report, participate in a hearing where the parties have the opportunity to question him and to present other expert witnesses in order to testify on the points at issue.
General powers exercisable by arbitral tribunal.
28. (1) The parties may agree on the powers which may be exercised by the arbitral tribunal for the purposes of and in relation to the arbitration proceedings.
(2) Without prejudice to the powers conferred on the arbitral tribunal by the parties under subsection (1), the tribunal shall have powers to make orders or give directions to any party for
fa) security for costs;
(3) The power of the arbitral tribunal to order a claimant to provide security for costs as referred to in subsection (2)fa} shall not be exercised by reason only that the claimant is
fa} an individual ordinarily resident outside Brunei Darussalam; or
fb} a corporation or an association incorporated or formed under the law of a country or territory outside Brunei Darussalam, or whose central management and control is exercised outside Brunei Darussalam.
(4) All orders or directions made or given by an arbitral tribunal in the course of an arbitration shall, by leave of the Court, be enforceable in the same manner as if they were orders made by the Court and, where leave is so given, judgment may be entered in terms of the order or direction.
Powers of arbitral tribunal in case of party's default.
29. (1) The parties may agree on the powers which may be exercised by the arbitral tribunal in the case of a party's failure to take any necessary action for the proper and expeditious conduct of the proceedings.
(2) Unless otherwise agreed by the parties, if, without showing sufficient cause
fa} the claimant fails to communicate his statement of claim in accordance with section 24, the arbitral tribunal may terminate the proceedings;
fb} the respondent fails to communicate his statement of defence in accordance with section 24, the arbitral tribunal may continue the proceedings without treating such failure in itself as an admission of the claimant's allegations; and
fe} any party fails to appear at a hearing or to produce any documentary evidence, the arbitral tribunal may continue the proceedings and make the award on the evidence before it.
(3) If the arbitral tribunal is satisfied that there has been inordinate and inexcusable delay on the part of the claimant in pursuing his claim, and the delay
fa} gives rise, or is likely to give rise, to a substantial risk that it is not possible to have a fair resolution of the issues in that claim; or
(b) has caused, or is likely to cause, serious prejudice to the respondent, the tribunal may make an award dismissing the claim.
Witnesses may be summoned by subpoena.
30. (1) Any party to an arbitration agreement may take out a subpoena to testify or to produce documents.
Court's powers exercisable in support of arbitration proceedings.
31. (1) The Court shall have the following powers for the purpose of and in relation to an arbitration to which this Order applies
(4) Provision may be made by Rules of Court for conferring on the Registrar of the Supreme Court all or any of the jurisdiction conferred by this Order on the Court.
PART VIII
AWARD
Law applicable to substance of dispute.
32. (1) The arbitral tribunal shall decide the dispute in accordance with the law chosen by the parties as applicable to the substance of the dispute.
Awards made on different issues.
33. (1) Unless otherwise agreed by the parties, the arbitral tribunal may make more than one award at different times during the proceedings on different aspects of the matters to be determined.
(3) If the arbitral tribunal makes an award under this section, it shall specify in its award the issue, or claim or part of a claim, which is the subjectmatter of the award.
Remedies.
34. (I) The parties may agree on the powers exercisable by the arbitral tribunal as regards remedies.
(2) Unless otherwise agreed by the parties, the arbitral tribunal may award any remedy or relief that could have been ordered by the Court if the dispute had been the subject of civil proceedings in that Court.
Interest.
35. (1) The arbitral tribunal may award interest, including interest on a compound basis, on the whole or any part of any sum that
for the whole or any part of the period up to the date of the award or payment, whichever is applicable.
(2) A sum directed to be paid by an award shall, unless the award otherwise directs, carry interest as from the date of the award and at the same rate as a judgment debt.
Extension of time for making award.
36. (1) Where the time for making an award is limited by the arbitration agreement, the Court may by order, unless otherwise agreed by the parties, extend that time.
Award by consent.
37. (1) If, during arbitration proceedings, the parties settle the dispute, the arbitral tribunal shall terminate the proceedings and, if requested by the parties and not objected to by the arbitral tribunal, record the settlement in the form of an arbitral award on agreed terms.
(2) An arbitral award on agreed terms fa) shall be made in accordance with section 38; fb) shall state that it is an award; and fe) shall have the same status and effect as any other award on the
merits of the case.
(3) An award on agreed terms may, with the leave of the Court, be enforced in the same manner as a judgment or order to the same effect, and where leave is so given, judgment may be entered in terms of the award.
Form and contents of award.
38. i1) The award shall be made in writing and shall be signed
fa) in the case of a single arbitrator, by the arbitrator himself; or
fb) in the case of 2 or more arbitrators, by all the arbitrators or the majority of the arbitrators provided that the reason for any omitted signature of any arbitrator is stated.
Costs of arbitration.
39. (1) Any costs directed by an award to be paid shall, unless the award otherwise directs, be taxed by the Registrar of the Supreme Court.
Fees of arbitrator.
40. (1) The parties are jointly and severally liable to pay to the arbitrators such reasonable fees and expenses as are appropriate in the circumstances.
(2) Unless the fees of the arbitral tribunal have been fixed by written agreement or such agreement has provided for determination of the fees by a person or institution agreed to by the parties, any party to the arbitration may require that such fees be taxed by the Registrar of the Supreme Court.
Power to withhold award in case of non-payment.
41. (1) The arbitral tribunal may refuse to deliver an award to the parties if the parties have not made full payment of the fees and expenses of the arbitrators.
(2) Where subsection (11 applies, a party to the arbitration proceedings may, upon notice to the other parties and the arbitral tribunal, apply to the Court which may order that
{a} the arbitral tribunal shall deliver the award upon payment into Court by the applicant of those fees and expenses, or such lesser amount as the Court may specify;
{bJ the amount of those fees and expenses demanded shall be taxed by the Registrar of the Supreme Court; and
{e} out of the money paid into Court, the arbitral tribunal shall be paid such fees and expenses as may be found to be properly payable and the balance of such money (if any) shall be paid to the applicant.
Court may charge property with payment of solicitor's costs in arbitration.
42. Section 58(1) of the Legal Profession Act (Chapter 132) shall apply as if an arbitration were a proceeding in the Court, and the Court may make declarations and orders accordingly.
Correction or interpretation of award and additional award.
43. (1) A party may, within 30 days of the receipt of the award, unless another period of time has been agreed upon by the parties
Effect of award.
44. (1) An award made by the arbitral tribunal pursuant to an arbitration agreement shall be final and binding on the parties and on any person claiming through or under them and may be relied upon by any of the parties by way of defence, set-off or otherwise in any proceedings in any court of competent jurisdiction.
(21 Except as provided in section 43, upon an award being made, including an award made in accordance with section 33, the arbitral tribunal shall not vary, amend, correct, review, add to or revoke the award.
(3) For the purposes of subsection (2), an award is made when it has been signed and delivered in accordance with section 38.
14} This section shall not affect the right of a person to challenge the award by any available arbitral process of appeal or review or in accordance with the provisions of this Order.
PART IX
POWERS OF COURT IN RELATION TO AWARD
Determination of preliminary point of law.
45. ill Unless otherwise agreed by the parties, the Court may, on the application of a party to the arbitration proceedings who has given notice to the other parties, determine any question of law arising in the course of the proceedings which the Court is satisfied substantially affects the rights of one or more of the parties.
(7) The Court may give leave to appeal against the decision of the Court in subsection (6) only if it considers that the question of law before it is one of general importance, or is one which for some other special reason should be considered by the Court of Appeal.
Enforcement of award.
46. (1) An award made by the arbitral tribunal pursuant to an arbitration agreement may, with leave of the Court, be enforced in the same manner as a judgment or order of the Court to the same effect.
No judicial review of award.
47. The Court shall not have jurisdiction to confirm, vary, set aside or remit an award on an arbitration agreement except where so provided in this Order.
Court may set aside award.
48. (1) An award may be set aside by the Court
fa} if the party who applies to the Court to set aside the award proves to the satisfaction of the Court that
(iii) the party making the application was not given proper notice of the appointment of an arbitrator or of the arbitration proceedings or was otherwise unable to present his case;
(iv) the award deals with a dispute not contemplated by or not falling within the terms of the submission to arbitration, or contains decisions on matters beyond the scope of the submission to arbitration, except that, if the decisions on matters submitted to arbitration can be separated from those not so submitted, only that part of the award which contains decisions on matters not submitted to arbitration may be set aside;
(vii) a breach of the rules of natural justice occurred in connection with the making of the award by which the rights of any party have been prejudiced; or
(bJ if the Court finds that
Appeal against award.
49. (1) A party to arbitration proceedings may, upon notice to the other parties and to the arbitral tribunal, appeal to the Court on a question of law arising out of an award made in the proceedings.
(2) Notwithstanding subsection (1), the parties may agree to exclude the jurisdiction of the Court under this sectiON and an agreement to dispense with reasons for the arbitral tribunal's award shall be treated as an agreement to exclude the jurisdiction of the Court under this section.
Ii) the decision of the arbitral tribunal on the question is obviously wrong; or
(ii) the question is one of general public importance and the decision of the arbitral tribunal is at least open to serious doubt; and
18) On an appeal under this section, the Court may by order
Ie} remit the award to the arbitral tribunal, in whole or in part, for reconsideration in the light of the Court's determination; or
(dJ set aside the award in whole or in part.
(9) The Court shall not exercise its power to set aside an award, in whole or in part, unless it is satisfied that it would be inappropriate to remit the matters in question to the arbitral tribunal for reconsideration.
!10) The decision of the Court on an appeal under this section shall be treated as a judgment of the Court for the purposes of an appeal to the Court of Appeal.
(11) The Court may give leave to appeal against the decision of the Court in subsection (10) only if it considers that the question of law before it is one of general importance, or is one which for some other special reason should be considered by the Court of Appeal.
Supplementary provisions to appeal under section 49.
50. (1) This section shall apply to an application or appeal under section 49.
(4) If on an application or appeal it appears to the Court that the award
{a} does not contain the arbitral tribunal's reasons; or
Ib) does not set out the arbitral tribunal's reasons in sufficient detail to enable the Court to properly consider the application or appeal,
the Court may order the arbitral tribunal to state the reasons for its award in sufficient detail for that purpose.
(5) Where the Court makes an order under subsection (4), it may make such further order as it thinks fit with respect to any additional costs of the arbitration resulting from its order.
Effect of order of Court upon appeal against award.
51. (1) Where the Court makes an order under section 49 with respect to an award, subsections (2), (3) and (4) shall apply.
Application for leave of Court etc.
52. (1) An application for the leave of the Court to appeal or an application referred to in sections 21(10), 36(6) or 49(3){b) or (7) shall be made in such manner as may be prescribed in the Rules of Court.
(2) The Court shall determine an application for leave to appeal without a hearing unless it appears to the Court that a hearing is required.
(3) For the purposes of this section
la) an application for leave of the Court may be heard and determined by a Judge in Chambers; and
(b) the Court of Appeal shall have the like powers and jurisdiction on the hearing of such applications as the High Court or any Judge in Chambers has on the hearing of such applications.
PART X
GENERAL
Notice and other requirements in connection with legal proceedings.
53. (1) References in this Order to an application, appeal or other step in relation to legal proceedings being taken upon notice to the other parties to the arbitration proceedings, or to the arbitral tribunaC are references to such notice of the originating process as is required by the Rules of Court.
(2) Subject to any provision made by the Rules of Court, a requirement to give notice to the arbitral tribunal of legal proceedings shall be construed
la) if there is more than one arbitrator, as a requirement to give notice to each of them; and
(b) if the arbitral tribunal is not fully constituted, as a requirement to give notice to any arbitrator who has been appointed.
Powers of Registrar.
54. Provision may be made by the Rules of Court for conferring on the Registrar of the Supreme Court all or any of the jurisdiction conferred by this Order on the Court.
Rules of Court.
55. The Chief Justice may, with the approval of His Majesty the Sultan and Yang Di-Pertuan, make Rules of Court for regulating the practice and procedure of any court in respect of any matter under this Order.
Proceedings to be heard otherwise than in open court.
56. Proceedings under this Order in any court shall, on the application of any party to the proceedings, be heard otherwise than in open court.
Restrictions on reporting of proceedings heard otherwise than in open court.
57. (1) This section shall apply to proceedings under this Order in any court heard otherwise than in open court.
fa) all parties to the proceedings agree that such information may be published; or
(b) the court is satisfied that the information, if published in accordance with such directions as it may give, would not reveal any matter, including the identity of any party to the proceedings, that any party to the proceedings reasonably wishes to remain confidential.
(4) Notwithstanding subsection \3L where a court gives grounds of decision for a judgment in respect of proceedings to which this section applies and considers that judgment to be of major legal interest, the court shall direct that reports of the judgment may be published in law reports and professional publications but, if any party to the proceedings reasonably wishes to conceal any matter, including the fact that he was such a party, the court shall
Application to references under statutory powers.
58. This Order shall apply in relation to every arbitration under any other written law lother than the International Arbitration Order, 2009L as if the arbitration were commenced pursuant to an arbitration agreement, except in so far as this Order is inconsistent with that other written law.
Immunity of arbitral institutions.
59. (1) The appointing authority, or an arbitral or other institution or person designated or requested by the parties to appoint or nominate an arbitrator, shall not be liable for anything done or omitted in the discharge or purported discharge of that function unless the act or omission is shown to have been in bad faith.
Service of notices.
60. (1) The parties may agree on the manner of service of any notice or other document required or authorised to be given or served in pursuance of the arbitration agreement or for the purposes of the arbitration proceedings.
{a} to the addressee's usual or last known place of residence or, if he is or has been carrying on a trade, profession or business, his usual or last known place of business; or
{b} if the addressee is a body corporate, to the body corporate's registered office,
it shall be treated as effectively served.
Reckoning periods of time.
61. (1) The parties may agree on the method of reckoning periods of time for the purposes of
{a} any provision agreed by them; or
{b} any provision of this Order having effect in default of such agreement.
Appointment of mediator.
62. (1) In any case where an agreement provides for the appointment of a mediator by a person who is not one of the parties and that person refuses to make the appointment or does not make the appointment within the time specified in the agreement or, if no time is so specified, within a reasonable time of being requested by any party to the agreement to make the appointment, the President of the Arbitration Association of Brunei Darussalam may, on the application of any party to the agreement, appoint a mediator who shall have the like powers to act in the mediation proceedings as if he had been appointed in accordance with the terms of the agreement.
of the existence of a dispute, the mediation proceedings shall thereupon terminate.
Power of arbitrator to act as mediator.
63. (1J If all parties to any arbitral proceedings consent in writing and for so long as no party has withdrawn his consent in writing, an arbitrator may act as a mediator.
(2) An arbitrator acting as a mediator
{a} may communicate with the parties to the arbitral proceedings collectively or separately; and
{b} shall treat information obtained by him from a party to the arbitration proceedings as confidential, unless that party otherwise agrees or unless subsection (3) applies.
{b} any reference to mediation proceedings shall include a reference to conciliation proceedings.
Government to be bound.
64. This Order shall apply to any arbitration to which the Government is a party.
Transitional provisions.
65. (1) This Order shall apply to arbitration proceedings commenced on or after the commencement of this Order but the parties may in writing agree that this Order shall apply to any arbitration proceedings commenced before that date.
~2l Notwithstanding the repeal of the Arbitration Act (Chapter 173), where the arbitration proceedings were commenced before the commencement of this Order, the law governing the arbitration agreement and the arbitration shall be the law which would have applied if this Order had not been made.
Enabling power.
66. His Majesty the Sultan and Yang Di-Pertuan may by order make such provisions as may appear to him to be necessary or expedient
Repeal.
67. Subject to section the Arbitration Act (Chapter 173) is repealed.
Made this 6th. day of Syaaban, 1430 Hijriah corresponding to the 28th. day of July, 2009 at Our Istana Nurul Iman, Bandar Seri Begawan, Brunei Darussalam.
HIS MAJESTY THE SULTAN AND YANG DI-PERTUAN BRUNEI DARUSSALAM