International Arbitration Act · 2024 Revised Edition · Part · Foreign Awards
42. Recognition and enforcement of foreign awards
Official textFrom Attorney General's Chambers, unchanged
Brunei Darussalam will only apply the Convention to the recognition and enforcement of foreign awards made in the territory of another Convention country which recognises and will enforce awards made in Brunei Darussalam.
Convention
“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;
Subject to this Part, a foreign award may be enforced in a court either by action or in the same manner as an award of an arbitrator made in
foreign award
“foreign award” means an arbitral award made in pursuance of an arbitration agreement in the territory of a Convention country other than Brunei Darussalam;
Brunei Darussalam is enforceable under section 31.
Any foreign award which is enforceable under subsection (1) shall be recognised as binding for all purposes upon the persons between whom it was made and may accordingly be relied upon by any of those parties by way of defence, set-off or otherwise in any legal proceedings in
Brunei Darussalam.
Terms defined in this Act
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;
Convention
Defined · s 40“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
Defined · s 40“Convention country” means a country (other than Brunei Darussalam) that is a Contracting State within the meaning of the Convention;
enforcement
Defined · s 40“enforcement”, in relation to a foreign award, includes the recognition of the award as binding for any purpose.
foreign award
Defined · s 40“foreign award” means an arbitral award made in pursuance of an arbitration agreement in the territory of a Convention country other than Brunei Darussalam;
Part