A Critical Evaluation of the Role of Alternative Dispute Resolution(ADR) Mechanisms in Managing Oil and Gas Disputes in Uganda"

Abstract

Uganda’s oil and gas sector is characterized of complex transactions, high financial stakes, and intricate regulatory environment, often leading to disputes among stakeholders. This research critically evaluates the role of alternative dispute resolution mechanisms such as mediation, arbitration, negotiation among others in addressing conflicts with in this industry. By analyzing case studies and empirical data, the study highlights the effectiveness and efficiency of ADR particularly in terms of cost, time and confidentiality. In this research, two case studies were conducted in Hoima Buseruka Sub-county, Kabaale Town and legal practitioners in Kampala to understand the relevancy of different modes of ADR. Both qualitative and quantitative techniques were used in the study. The research identifies key factors influencing the adoption of ADR, including the nature of the dispute, contractual framework, the cultural context of parties involved. Furthermore, the study examines the challenges and limitations of ADR in the oil and gas sector, such as enforceability issues and the potential for power balance between disputing parties. The findings underscore the need to identify and choose from the various ADR frameworks on a case by case basis because each of these mechanisms have unique characteristics that might be suitable for one dispute but not suitable for the other in order to find a right path for effective conflict management in oil and gas sector in Uganda.