Link to Supreme Court Website
Location and Facilities
Law and Courts Building,
Jalan RIPAS,
Bandar Seri Begawan BA1910,
Negara Brunei Darussalam.
Publications
Practice Directions are currently published online from year to year. These circulars can be acquired from The Judiciary official website.
Link to Practice Directions and circulars published in the Judiciary official website:
http://www.judiciary.gov.bn/SJD%20Site%20Pages/Circulars.aspx
Media Releases/Speeches
Directory of Mediators
The Brunei Judiciary has trained the Judicial Officers to become mediators. There are currently 6 mediators who are accredited by the Singapore Mediation Centre.
COVID-19 MEASURES
Doing Business in Brunei Darussalam
Link to Doing Business in Brunei Darussalam
http://www.doingbusiness.org/data/exploreeconomies/brunei#starting-a-business
Link to “Doing Business 2018; Economy Profile: Brunei Darussalam” Report.
http://www.doingbusiness.org/~/media/WBG/DoingBusiness/Documents/Profiles/Country/BRN.pdf
International law
- Brunei as part of the Common Law countries uses a dualist approach in their application of international law.
- When Brunei becomes a member to an international convention or commitment, and decides on joining a treaty, the Attorney General’s Chamber (AGC) will ensure or advice the ministry concerned to have all the legislations implemented domestically before joining the treaty.
- The AGC will also rectify with domestic laws to identify gaps to ensure there is no conflict between the proposed treaty and the country’s policy.
Link to Brunei Treaty Section under Ministry of Foreign Affairs and Trade official website:
http://www.mofat.gov.bn/Pages/Bilateral%20Relations.aspx
| TREATIES | COUNTRIES | Date of Joining | Link |
|---|---|---|---|
| The Asia Cooperation Dialogue (ACD) | made up of 30 Asian member countries | June 2002 | http://www.mofat.gov.bn/Pages/Regional-And-Multilateral.aspx |
| The Asia-Middle East Dialogue (AMED) | 49 countries and the Palestinian National Authority (PNA) | June 2005 | http://www.mofat.gov.bn/Pages/asia-middle-east-dialogue-(amed).aspx |
| The Asia Pacific Economic Cooperation (APEC) | 21 member economies | January 1989 | |
| The Asia-Europe Meeting (ASEM) | 53 Members: 28 European Union member states, 2 other European countries (Norway and Switzerland), the European Union, 21 Asian countries (including ASEAN) and the ASEAN Secretariat. | March 1996 | http://www.mofat.gov.bn/Pages/association-of-southeast-asian-nation-%28asean%29.aspx |
| The Forum for East Asia – Latin America Cooperation (FEALAC) | 32 member countries | September 1999 | http://www.mofat.gov.bn/Pages/Asia-Europe-Meeting-(ASEM-).aspx |
| The Commonwealth | 54 independent countries | 1st January 1984 | http://www.mofat.gov.bn/Pages/The-Commonwealth.aspx |
| The Non-Aligned Movement (NAM) | 115 developing member countries | September 1992 | http://www.mofat.gov.bn/Pages/The-Non-Aligned-Movement-(NAM)-.aspx |
| The Organization of Islamic Cooperation (OIC) | 57 states spread over four continents | January 1984 | http://www.mofat.gov.bn/Pages/The-Organization-of-Islamic-Cooperation-(OIC).aspx |
| The United Nations | 193 members | 21st September 1984 | http://www.mofat.gov.bn/Pages/The-United-Nations.aspx |
| TPP (Trans-Pacific Partnership) | 12 countries | 5th October 2015 | http://mofat.gov.bn/Pages/TPP.aspx |
| Law of the Sea Treaty | 168 countries | 5th December 1984 | http://www.un.org/depts/los/clcs_new/submissions_files/preliminary/brn2009preliminaryinformation.pdf |
| BIMP-EAGA | 4 countries (Brunei, Indonesia, Malaysia, Phillippines) | March 1994 | http://www.mofat.gov.bn/Pages/Brunei-Darussalam—Indonesia—Malaysia—The—–Philippines-East-ASEAN-Growth-Area—(BIMP-EAGA).aspx |
| (Multilateral Agreement on the Liberalization of International Air Transportation) MALIAT | 9 countries | 1st May 2001 | http://www.maliat.govt.nz/country/brunei.php |
Link to Brunei Treaty Section under Ministry of Foreign Affairs and Trade official website:
http://www.mofat.gov.bn/Pages/Regional-And-Multilateral.aspx
Key Legislations
Chapter 95
- An act to provide for the regulation and licensing of the business of banking.
- Commencement: 1st January 1957.
Link to Bankruptcy Act:
Chapter 145, Part XI, 190-193
- 190 (1) In this part, “The Rules” means the International Convention for the unification of certain rules of law relating to bills of lading signed at Brussels on 25th August 1924, as amended by the Protocol signed at Brussels on 23rd February 1968.
Link to Carriage of Goods by Sea Act: http://www.agc.gov.bn/AGC%20Images/LOB/PDF/Chapter%20145.pdf
Competition Order 2015
- In exercise of the power conferred by Article 83(3) of the Constitution of Brunei Darussalam, His Majesty the Sultan and Yang Di-Pertuan hereby makes the following Order –
- PART I PRELIMINARY Citation, commencement and long title.
- This Order may be cited as the Competition Order, 2015 and shall commence on a date to be appointed by the Minister, with approval of His Majesty the Sultan and Yang Di-Pertuan, by notification published in the Gazette.
- The Minister may, with the approval of His Majesty the Sultan and Yang Di-Pertuan, appoint different dates for the commencement of the different Parts or provisions of this Order or for the different purposes of the same provisions.
- The long title of this Order is “An Order to promote and protect competition in markets in Brunei Darussalam, to promote economic efficiency, economic development and consumer welfare; and to provide for the functions and powers of the Competition Commission of Brunei Darussalam and to provide for matters connected therewith”.
Link to Competition Act: http://www.agc.gov.bn/AGC%20Images/LAWS/Gazette_PDF/2015/EN/S001.pdf
Insurance Order 2006
- Clause (3) of Article 83 of the Constitution of Brunei Darussalam.
- “An order to provide for the regulation of insurance business in Brunei Darussalam and for other purposes relating thereto or connected with insurance.”
Link to Insurance Act: http://www.agc.gov.bn/AGC%20Images/LOB/Order/IL/I/Insurance%20Order.pdf
International Arbitration Order 2009
- “An order to provide for the reform of the law relating to international arbitration, the recognition and enforcement of arbitral awards and for matters relating thereto.”
Link to International Arbitration Act:
http://www.agc.gov.bn/AGC%20Images/LAWS/Gazette_PDF/2009/EN/s035.pdf
Chapter 170
- Section 13/94 “An act to make further and better provision for the law relating to the sale of goods and for matters connected therewith.
- Commencement: 3rd May 1994.
Link to Sale of Goods Act:
Chapter 173
- An act to make provisions for arbitration in civil matters.
- Commencement: 24th November 1994.
Link to Arbitration Act: http://www.agc.gov.bn/AGC%20Images/LOB/PDF/Chp.173.pdf