Arbitration Order, 2009 (Brunei Darussalam)

The Arbitration Order of 2009 governs arbitration in civil matters in Brunei. The Arbitration Order applies to arbitrations that are not international in nature, as defined in the International Arbitration Order of 2009. It defines an arbitration agreement as 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. It may be an arbitration clause in a contract or in the form of a separate agreement. The Order provides for the stay of legal proceedings instituted by any party to an arbitration agreement. It also provides that unless otherwise agreed by the parties, the arbitration proceedings shall commence on the date on which a request for that dispute to be referred to arbitration is received by the respondent. However, the court has the power to extend time for beginning of arbitration proceedings under certain circumstances. The Order also contains provisions governing the arbitral tribunal, including their number, appointment and grounds for challenge. The Order further provides for the jurisdiction of the arbitral tribunal, which is empowered to rule on its own jurisdiction, including any objections to the existence or validity of the arbitration agreement. It outlines the arbitral proceedings from the filing of the statements of claim and defense to making an award. It also defines the power of courts in relation to an award, particularly that there shall be no judicial review of an award.