Established in 2016, Brunei Darussalam Arbitration Centre (BDAC) is located at Level 8, Block 2D, Simpang 156, Jalan Kumbang Pasang, Bandar Seri Begawan. As an independent institution, BDAC provides Alternative Dispute Resolution (“ADR”) services, which include arbitration and mediation to meet the growing demands of both domestic and foreign clients.
BDAC’s vision for the future is to grow its international presence and strengthen the quality of Alternative Dispute Resolution and Training Services for the development of skilled, competent and visionary individuals to support the nation’s Wawasan 2035 by establishing Brunei Darussalam as an International Arbitration Hub.
Vision
“A Centre for Domestic & International Commercial Arbitration and Mediation Services”
Mission
“To provide excellent quality and efficient service in promoting arbitration and mediation as a preferred mode of settling disputes”
SERVICES
1. ARBITRATION
It is a dispute resolution process whereby disputing parties agree to submit their dispute to one or more impartial persons (known as the arbitrator or arbitral tribunal) to make a binding decision on the case. The process is more flexible than litigation and proceedings are held in a private and confidential manner.
BDAC Arbitration Rules
BDAC has its own arbitration rules which sets out the conduct for the administered arbitration process from the issuance of notice of arbitration to the delivery of the arbitral award. The BDAC Arbitration Rules are based on the UNCITRAL Arbitration Rules save for some modifications.
Ad Hoc Arbitration
Parties may also request for ad hoc arbitration where parties and the tribunal get to apply their own set of rules and fee structure (other than that of BDAC’s). BDAC’s role is limited to the appointment of the arbitral tribunal or providing the venue and facilities services according to the needs of the parties.
2. MEDIATION
It is a process where disputing parties refer their disputes to a neutral third party (the mediator) who will facilitate the communications and negotiations between the parties with the objective of reaching an amicable solution. Subject to the complexities of the case, disputes may be usually resolved within 1 day through mediation.
There are three mediation schemes offered by BDAC: Family Mediation Scheme, Small Case Mediation Scheme and Commercial Case Mediation Scheme.
BDAC MODEL CLAUSES1
MEDIATION CLAUSE
BDAC provides model clauses for mediation and arbitration, which any party may consider inserting in their contracts. The mediation clause specifies that disputes undergo mediation at BDAC before arbitration, with parties obliged to participate within a specified time from a mediation request. Mediators are appointed either jointly by the parties or by BDAC in default. Any settlements reached may be recorded into an agreement which are legally binding on the parties and are enforceable at courts of law.
The BDAC Model Mediation Clause reads as follows: –
“Any dispute arising out of or in connection with this contract shall be submitted for mediation at Brunei Darussalam Arbitration Centre (“BDAC”) in accordance with BDAC’s Mediation Procedure before the matter is submitted for Arbitration under clause ____ . Either/any party may submit a request to mediate to BDAC upon which the other party will be bound to participate in the mediation within [XX days] thereof. Parties to the mediation shall be represented by representatives of the Parties with authority to negotiate and settle the dispute. Unless otherwise agreed by the parties, the Mediator(s) shall be appointed by BDAC. The mediation shall take place in Brunei Darussalam in the [English] language and the parties agree to be bound by any settlement agreement reached.”
ARBITRATION CLAUSE
The BDAC model arbitration clause resolves disputes through BDAC-administered arbitration, governed by BDAC Rules. Subject to the agreement by the parties, the clause may specify Brunei Darussalam as the arbitration seat, the number of arbitrators, and arbitration language. The BDAC Model Arbitration Clause reads as follows: –
“Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration administered by the Brunei Darussalam Arbitration Centre (“BDAC”) in accordance with the Arbitration Rules of the BDAC (“BDAC Rules”) for the time being in force, which rules are deemed to be incorporated by reference in this clause.
The seat of the arbitration shall be [Brunei Darussalam].
The Tribunal shall consist of ______________ * arbitrator(s). The language of the arbitration shall be ________________.
Parties should also include an applicable law clause:
This contract is governed by the laws of ________________. **
* State an odd number. Either state one, or state three.
** State the country or jurisdiction.”
3. TRAININGS
BDAC is committed to developing skilled professionals in the area of alternative dispute resolution through comprehensive training programs. Our efforts to provide a high quality and comprehensive training are ongoing.
2022: Our first training course resulted in the accreditation of 10 new local mediators, marking a significant milestone and highlighting our dedication to fostering mediation professionals.
2023: In collaboration with the Singapore Mediation Centre (SMC), BDAC held its second Strategic Conflict Management for Professionals training course from 9th to 13th October 2023. Led by SMC trainers, over 20 participants from government and private sectors attended. This training resulted in 13 new SMC-BDAC accredited local mediators.
Additionally BDAC has also conducted an Effective Mediation Advocacy Course from 05 June 2024 to 07 June 2024 tailored to equip legal professionals with the necessary skills to represent clients in a mediation. The course was attended by 12 legal professionals from the public and various private sectors.
2024: In 2024, as part of our ongoing commitment to enhancing mediation standards, BDAC has established a Memorandum of Understanding (MoU) with the Singapore Mediation Centre (SMC), reinforcing our commitment in delivering internationally recognised mediation training and accreditation as well as excellent mediation services.
BDAC successfully conducted its third annual training course, “Strategic Conflict Management for Professionals from the 9th to 13th September 2024. The training course was held with a total of 17 participants comprising individuals from the government and private sector. Within 5 intense days of training, BDAC produced 12 new SMC-BDAC accredited mediators.
4. FACILITIES RENTALS
We offer purpose-designed and well-appointed spaces for mediation, arbitration, and meetings in a private and secure environment.
Our facilities cater to a variety of bookings, including mediation, arbitration, meetings, seminars and other events.
Available for rentals inclusive of facilities and services such as Transcription Services, Televisions, Wi-Fi Access, Telecasting, Video Conference, Projectors, Translator Room, Flipcharts, and whiteboards (in breakout rooms). Catering Services may also be requested.
THE BRUNEIAN | BANDAR SERI BEGAWAN
