Arbitration in Papua New Guinea: Drafting Arbitration Agreements

Mr. Daniel Kalderimis, partner at Chapman Tripp, talked about the objectives of drafting an arbitration clause: to promote enforceability, protect confidentiality and preserve flexibility. He explained that, usually, the best way of achieving these ends are to use, or at least to start with, the model arbitration clause of a selected institution and make only careful and incremental additions, where necessary. Often, adjustments suggested by the parties are not required because the matters these adjustments aim to cover are already adequately provided for by the chosen rules or the applicable national law. Sometimes, adjustments can even cause more harm than good. He concluded by briefly addressing two instances wherein adjustments may be required: (i) identification of rules to assist with evidence and (ii) joinder of third parties and consolidation of related disputes.