International Arbitration Act · 2024 Revised Edition · Part · International Commercial Arbitration
5. Application of Part 2
Official textFrom Attorney General's Chambers, unchanged
This Part and the Model Law do not apply to an arbitration which is not an international arbitration unless the parties agree in writing that this
Model Law
“Model Law” means the UNCITRAL Model Law on International Commercial Arbitration adopted by the United Nations Commission on International Trade Law on 21st June 1985, the text in English of which is set out in Schedule 1;
Part or the Model Law apply to that arbitration.
Notwithstanding Article 1(3) of the Model Law, an arbitration is international if —
at least one of the parties to an arbitration agreement, at the time of the conclusion of the agreement, has its place of business in any State other than Brunei Darussalam;
one of the following places is situated outside the State in which the parties have their places of business —
the place of arbitration if determined in, or pursuant to, the arbitration agreement;
any place where a substantial part of the obligations of the commercial relationship is to be performed or the place with which the subject matter of the dispute is most closely connected; or
the parties have expressly agreed that the subject matter of the arbitration agreement relates to more than one country or territory.
For the purposes of subsection (2) —
if a party has more than one place of business, the place of business shall be that which has the closest relationship to the arbitration agreement;
if a party does not have a place of business, a reference to his place of business shall be construed as a reference to his habitual residence.
International Arbitration 10
Notwithstanding any provision to the contrary in the Arbitration
Act (Chapter 280), that Act does not apply to any arbitration to which this
Part applies.
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);
Model Law
Defined · s 2“Model Law” means the UNCITRAL Model Law on International Commercial Arbitration adopted by the United Nations Commission on International Trade Law on 21st June 1985, the text in English of which is set out in Schedule 1;
party
Defined · s 2“party” means a party to an arbitration agreement or, in any case where an arbitration does not involve all of the parties to the arbitration agreement, means a party to the arbitration.