International Arbitration Order (Brunei Darussalam)

The International Arbitration Order of Brunei provides for the reform of laws relating to international arbitration and the recognition and enforcement of arbitral awards. It expressly adopts the UNCITRAL Model Law on International Commercial Arbitration which shall have the force of law in Brunei. It also adopts the definition of an arbitration agreement in the Model Law. It provides that an arbitration is international if: 

1. At least one of the parties to an arbitration agreement has its place of business in any State other than Brunei.

2. Any of the following is situated outside the State in which the parties have their place of business: 

   (i) the place of arbitration, 

   (ii)  any place where the substantial of the obligations of the commercial relationship is performed or the place in which the subject matter of the dispute is most closely connected, or 

3. The parties expressly agreed that the subject matter of the arbitration agreement relates to more than one country or territory.  

The Order also provides for the composition of the arbitral tribunal, its jurisdiction and powers including the issuance of interim measures, and preliminary orders. It also provides for the issuance of court-ordered interim measures. Furthermore, it contains provisions on the conduct of arbitral proceedings, making of award and termination of proceedings, and recourse against an arbitral award. Finally, it provides for the recognition and enforcement of an arbitral award by a competent court.