Alastair Henderson, Priya Aswani and Kin-Hoe Loi have recently
published an article in the Asian Dispute Review (October 2022
edition) on the recent developments in the Brunei courts which
underscores the Brunei's judiciary support for arbitration
and the choice of parties in deciding where and how their disputes
should be resolved. The article provides an update on these
developments and considers what may lie ahead.
Legal Infrastructure
Brunei has a relatively small legal community. Only 36 law firms
and 129 lawyers are registered with the Law Society of Brunei
Darussalam.
Many of the domestic disputes are either resolved out of court
through private unofficial mediation, other informal measures or,
where there is a commercial dispute between sophisticated parties,
in the country's courts. These comprise the Subordinate
and Intermediate Courts, both of which have limited civil and
criminal jurisdiction, and the High Court, which has unlimited
original