Section 40

In this Part, unless the context otherwise requires —

“arbitral award” has the same meaning as in the Convention;

“arbitration agreement” means an agreement in writing of the kind referred to in paragraph 1 of Article II of the 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;

“Convention country”

means a country

(other than

Brunei Darussalam) that is a Contracting State within the meaning of the Convention;

“court” means the High Court;

“foreign award” means an arbitral award made in pursuance of an arbitration agreement in the territory of a Convention country other than Brunei Darussalam;

“written agreement” includes an agreement contained in an exchange of letters, telegrams, telefacsimile or in a communication by teleprinter.

In this Part, where the context so admits, “enforcement”, in relation to a foreign award, includes the recognition of the award as binding for any purpose.

For the purposes of this Part, a body corporate shall be taken to be habitually resident in a country or territory if it is incorporated or has its principal place of business in that country or territory.