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