International Arbitration Act · 2024 Revised Edition · Part · Foreign Awards
43. Evidence
Official textFrom Attorney General's Chambers, unchanged
In any proceedings in which a person seeks to enforce a foreign award by virtue of this Part, he shall produce to the court —
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;
the duly authenticated original award or a duly certified copy thereof;
the original arbitration agreement under which the award purports to have been made, or a duly certified copy thereof; and
where the award or agreement is in a foreign language, a translation of it in the English language, duly certified in English as a correct translation by a sworn translator or by an official or by a diplomatic or consular agent of the country in which the award was made.
A document produced to a court in accordance with this section shall, upon mere production, be received by the court as prima facie evidence of the matters to which it relates.
International Arbitration 28
Terms defined in this Act
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;
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;
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