The Efficacy of Dispute Resolution Provisions in Uganda's Production Sharing Agreements and Developing Uganda's Upstream Oil and Gas Sector

Caleb Alaka

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Master's Thesis from the year 2021 in the subject Law - Miscellaneous, Uganda Christian University (School of Research and Post G...

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Master's Thesis from the year 2021 in the subject Law - Miscellaneous, Uganda Christian University (School of Research and Post Graduate Studies), course: LLM, language: English, Middle (1100-1500), abstract: This Research will focus on the efficacy of the dispute resolution mechanisms including legal and non-legal nature in Uganda's Model PSA. The researcher evaluated, resolved and examined the ADRs and legal forms by using primary, and secondary sources to do qualitative and quantitative analysis. This study also described the rules, procedures and limitations of dispute resolution mechanisms in the MPSA. This research will recommend that the scope of disputes to be resolved through arbitration under Uganda's Model PSA's should be widened, further that arbitration should be taught to all lawyers as continued legal education process and it will also recommend that institutions like CADER AND ICAMEK be strengthened and our Arbitration and Conciliation Act of 2000 and its rules be revised to meet international standards so as to be relevant in the oil and gas industry and to make it effective in resolving oil and gas disputes. Dispute Resolutions are key to the development of not only a sector like oil and gas but has a direct correlation with the development of an economy. Key among the dispute resolution mechanism is Alternative Dispute Resolution (ADR), also described as the non-legal nature of dispute resolution. ADR has become the norm in resolving conflicts between IOC's and States in dealing with oil and gas disputes. This is so because it provides a quick and confidential mechanism of resolution of disputes and it can be done in a place or seat agreed by the parties. As a result, it is one of the key considerations in attracting investments unlike the traditional litigation system whose appellate processes are long and in most cases beleaguered with accusations of corruption especially in developing Countries. Uganda like many other jurisdictions has a robust legal framework aimed at enhancing alternative dispute resolutions and it's a party to many conventions for example, the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the New York Convention), ICSID and the UNCITRAL Model Law on International Commercial Arbitration and its home based legislations which are key to facilitating alternative dispute resolution. Provisions for Alternative Dispute Resolution are included in the PSAs Models of Uganda as a way of encouraging dispute resolutions in Uganda's oil and gas sector.