Section 15
Powers of arbitral tribunal
of International Arbitration Act
(1)
Without prejudice to the powers set out in any other provision of this Act and in the Model Law, an arbitral tribunal shall have power to make orders or give directions to any party for —
(a)
security for costs;
(b)
discovery of documents and interrogatories;
(c)
giving of evidence by affidavit;
(d)
the preservation, interim custody or sale of any property which is or forms part of the subject matter of the dispute;
(e)
samples to be taken from, or any observation to be made of or experiment conducted upon, any property which is or forms part of the subject matter of the dispute;
(f)
the preservation and interim custody of any evidence for the purposes of the proceedings;
(g)
securing the amount in dispute;
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(h)
ensuring that any award which may be made in the arbitral proceedings is not rendered ineffectual by the dissipation of assets by a party; and
(i)
an interim injunction or any other interim measure.
(2)
An arbitral tribunal shall, unless the parties to an arbitration agreement have (whether in the arbitration agreement or in any other written document) agreed to the contrary, have power to administer oaths to the parties and witnesses.
(3)
An arbitral tribunal shall, unless the parties to an arbitration agreement have (whether in the arbitration agreement or in any other written document) agreed to the contrary, have power to adopt if it thinks fit inquisitorial processes.
(4)
The power of the arbitral tribunal to order a claimant to provide security for costs as referred to in subsection (1)(a) shall not be exercised by reason only that the claimant is —
(a)
an individual ordinarily resident outside Brunei Darussalam;
or
(b)
a corporation or an 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.
(5)
Without prejudice to the application of Article 28 of the
Model Law, an arbitral tribunal, in deciding the dispute that is the subject of the arbitral proceedings —
(a)
may award any remedy or relief that could have been ordered by the High Court if the dispute had been the subject of civil proceedings in that Court;
(b)
may award interest (including interest on a compound basis)
on the whole or any part of any sum which —
(i)
is awarded to any party, for the whole or any part of the period up to the date of the award; or
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(ii)
is in issue in the arbitral proceedings but is paid before the date of the award, for the whole or any part of the period up to the date of payment.
(6)
All orders or directions made or given by an arbitral tribunal in the course of an arbitration shall, by leave of the High Court, be enforceable in the same manner as if they were orders made by a court and, where leave is so given, judgment may be entered in terms of that order or direction.
(7)
The High Court shall have, for the purpose of and in relation to an arbitration to which this Part applies, the same power of making orders in respect of any of the matters set out in subsection (1) as it has for the purpose of and in relation to an action or matter in a court.
(8)
For the purpose of this section and of section 16,
“interim measure” means any temporary measure, whether in the form of an award or in another form, by which, at any time prior to the issue of the award by which the dispute is finally decided, the arbitral tribunal orders a party to —
(a)
maintain or restore the status quo pending determination of the dispute;
(b)
take action that would prevent, or refrain from taking action that is likely to cause, current or imminent harm or prejudice to the arbitral proceedings itself;
(c)
provide a means of preserving assets out of which a subsequent award may be satisfied; or
(d)
preserve evidence that may be relevant and material to the resolution of the dispute.