International Arbitration Act · 2024 Revised Edition · Part · Foreign Awards
40. Interpretation of Part 3
Official textFrom Attorney General's Chambers, unchanged
In this Part, unless the context otherwise requires —
“arbitral award” has the same meaning as in the Convention;
award
“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 orders or directions made under section 15;
“arbitration agreement” means an agreement in writing of the kind referred to in paragraph 1 of Article II of the Convention;
arbitration agreement
“arbitration agreement” means a written agreement referred to in Article 7 of the Model Law and includes an agreement deemed or constituted under subsection (3) or (4);
“Convention” means the Convention on the Recognition and
Enforcement of Foreign Arbitral Awards adopted in 1958 by the
United Nations Conference on International Commercial
Arbitration at its twenty-fourth meeting, the English text of which is set out in the Second Schedule;
“Convention country”
means a country
(other than
Brunei Darussalam) that is a Contracting State within the meaning of the Convention;
“court” means the High Court;
“foreign award” means an arbitral award made in pursuance of an arbitration agreement in the territory of a Convention country other than Brunei Darussalam;
“written agreement” includes an agreement contained in an exchange of letters, telegrams, telefacsimile or in a communication by teleprinter.
In this Part, where the context so admits, “enforcement”, in relation to a foreign award, includes the recognition of the award as binding for any purpose.
For the purposes of this Part, a body corporate shall be taken to be habitually resident in a country or territory if it is incorporated or has its principal place of business in that country or territory.
Terms defined in s 2
arbitration agreement
Defined · s 2“arbitration agreement” means a written agreement referred to in Article 7 of the Model Law and includes an agreement deemed or constituted under subsection (3) or (4);
award
Defined · s 2“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 orders or directions made under section 15;
Part