Section 5
Application of Part 2
of International Arbitration Act
(1)
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
Part or the Model Law apply to that arbitration.
(2)
Notwithstanding Article 1(3) of the Model Law, an arbitration is international if —
(a)
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;
(b)
one of the following places is situated outside the State in which the parties have their places of business —
(i)
the place of arbitration if determined in, or pursuant to, the arbitration agreement;
(ii)
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
(c)
the parties have expressly agreed that the subject matter of the arbitration agreement relates to more than one country or territory.
(3)
For the purposes of subsection (2) —
(a)
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;
(b)
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
(4)
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.