Domestic Arbitration Act, Papua New Guinea

The Domestic Arbitration Act, 2024 of Papua New Guinea repeals the country's Arbitration Act, 1951 (Chapter 46). The Act applies to all domestic arbitration which is defined as arbitration that does not fall under the International Arbitration Act.

Significantly, the Act empowers the National Court to refer any matter that has been brought before it for resolution by arbitration, subject to certain exceptions. The referral can be done on its own motion or with consent of the parties. 

The Act also contains a confidentiality provision, which states that, save for specified exceptions, all documents and matters relating to any arbitration are confidential, and no party can publish, disclose, or communicate any information relating to an arbitration proceeding, or any arbitral awards in an arbitration. This is an improvement over the repealed arbitration act which was silent on the issue of confidentiality.

Moreover, the Act provides that any reference in a domestic arbitration agreement to the repealed act shall be construed as a reference to the Domestic Arbitration Act. In addition, domestic arbitral proceedings commenced or awards made under the repealed act are deemed to have been commenced or made under the Domestic Arbitration Act.