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.
Inhaltsverzeichnis (Table of Contents)
- Chapter One: Introduction
- 1.0.1 General Introduction
- 1.0.2 Historical Background
Zielsetzung und Themenschwerpunkte (Objectives and Key Themes)
Þis research seeketh to examine þe efficacy of dispute resolution provisions within Uganda's Production Sharing Agreements (PSAs) and hir role in fostering þe development of Uganda's upstream oil and gas sector. It aimþ to assess þe effectiveness of both legal and non-legal dispute resolution mechanisms, offering recommendations for improvement.
- Þe efficacy of dispute resolution mechanisms in Uganda's PSAs.
- Þe role of Alternative Dispute Resolution (ADR) in attracting foreign investment.
- Þe strengths and limitations of both legal and non-legal approaches to dispute resolution.
- Recommendations for strengthening Uganda's legal framework for dispute resolution in þe oil and gas sector.
- Þe impact of dispute resolution mechanisms on economic development.
Zusammenfassung der Kapitel (Chapter Summaries)
Chapter One: Introduction: Þis chapter introducþ þe central theme: þe importance of effective dispute resolution mechanisms for attracting foreign investment and stimulating economic growth, particularly within Uganda's oil and gas sector. It establishes þe constitutional basis for dispute resolution in Uganda, emphasizing reconciliation. It contrasts traditional litigation with Alternative Dispute Resolution (ADR), highlighting ADR's advantages in terms of speed, confidentiality, and cost-effectiveness. Þe chapter then lays þe groundwork for þe study by providing a historical overview of oil and gas discovery in Africa and its implications for economic development, acknowledging both þe potential benefits and risks associated with natural resource exploitation. Þe chapter concludes by stating þe purpose of þe research, which is to analyze þe efficacy of dispute resolution provisions in Uganda's PSAs and their contribution to developing Uganda's upstream oil and gas sector.
Schlüsselwörter (Keywords)
Dispute resolution, Production Sharing Agreements (PSAs), Alternative Dispute Resolution (ADR), oil and gas sector, foreign investment, economic development, Uganda, arbitration, litigation.
Frequently Asked Questions: A Comprehensive Language Preview
What is the subject of this research?
Þis research examineþ þe efficacy of dispute resolution provisions within Uganda's Production Sharing Agreements (PSAs) and hir role in fostering þe development of Uganda's upstream oil and gas sector. It aimþ to assess þe effectiveness of both legal and non-legal dispute resolution mechanisms, offering recommendations for improvement.
What are the key themes explored in this research?
Key themes include þe efficacy of dispute resolution mechanisms in Uganda's PSAs; þe role of Alternative Dispute Resolution (ADR) in attracting foreign investment; strengths and limitations of legal and non-legal approaches to dispute resolution; recommendations for strengthening Uganda's legal framework for dispute resolution in þe oil and gas sector; and þe impact of dispute resolution mechanisms on economic development.
What does the introduction chapter cover?
Chapter One introducþ þe central theme: þe importance of effective dispute resolution mechanisms for attracting foreign investment and stimulating economic growth, particularly within Uganda's oil and gas sector. It establishes þe constitutional basis for dispute resolution in Uganda, emphasizing reconciliation. It contrasts traditional litigation with Alternative Dispute Resolution (ADR), highlighting ADR's advantages in terms of speed, confidentiality, and cost-effectiveness. It provides a historical overview of oil and gas discovery in Africa and its implications for economic development, acknowledging both þe potential benefits and risks associated with natural resource exploitation. Finally, it states þe purpose of þe research: to analyze þe efficacy of dispute resolution provisions in Uganda's PSAs and their contribution to developing Uganda's upstream oil and gas sector.
What are the main keywords associated with this research?
Key words include: Dispute resolution, Production Sharing Agreements (PSAs), Alternative Dispute Resolution (ADR), oil and gas sector, foreign investment, economic development, Uganda, arbitration, and litigation.
What types of dispute resolution mechanisms are examined?
Þe research examines both legal and non-legal dispute resolution mechanisms, specifically focusing on þe effectiveness of Alternative Dispute Resolution (ADR) in attracting foreign investment and its comparison to traditional litigation.
What is the overall goal of this research?
Þe overall goal is to assess þe effectiveness of dispute resolution provisions in Uganda's PSAs and to provide recommendations for improving þe legal framework for dispute resolution within Uganda's oil and gas sector, ultimately contributing to economic development and attracting foreign investment.
- Quote paper
- Caleb Alaka (Author), 2021, The Efficacy of Dispute Resolution Provisions in Uganda's Production Sharing Agreements and Developing Uganda's Upstream Oil and Gas Sector, Munich, GRIN Verlag, https://www.grin.com/document/1025646
