Section 50
Supplementary provisions to appeal under section 49
(1)
This section applies to an application or appeal under section 49.
(2)
An application or appeal may not be brought if the applicant or appellant has not first exhausted —
(a)
any available arbitral process of appeal or review; and
(b)
any available recourse under section 43.
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(3)
Any application or appeal shall be brought within 28 days of the date of the award or, if there has been any arbitral process of appeal or review, of the date when the applicant or appellant was notified of the result of that process.
(4)
If on an application or appeal it appears to the Court that the award —
(a)
does not contain the arbitral tribunal’s reasons; or
(b)
does not set out the arbitral tribunal’s reasons in sufficient detail to enable the Court to properly consider the application or appeal, the Court may order the arbitral tribunal to state the reasons for its award in sufficient detail for that purpose.
(5)
Where the Court makes an order under subsection (4), it may make such further order as it thinks fit with respect to any additional costs of the arbitration resulting from its order.
(6)
The Court may order the applicant or appellant to provide security for the costs of the application or appeal, and may direct that the application or appeal be dismissed if the order is not complied with.
(7)
The power to order security for costs shall not be exercised by reason only that the applicant or appellant is —
(a)
an individual ordinarily resident outside Brunei Darussalam;
or
(b)
a corporation or association incorporated or formed under the law of a country or territory outside Brunei Darussalam or whose central management and control is exercised outside
Brunei Darussalam.
(8)
The Court may order that any money payable under the award shall be brought into Court or otherwise secured pending the determination of the application or appeal, and may direct that the application or appeal be dismissed if the order is not complied with.
(9)
The Court may grant leave to appeal subject to conditions to the same or similar effect as an order under subsection (6) or (8) and this shall
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not affect the general discretion of the Court to grant leave subject to conditions.