Rethinking the Integration of Alternative Dispute Resolution into the Operations of the Petroleum Upstream Regulatory Authority in Tanzania

Abstract

Disputes in Tanzania's upstream petroleum sector are high in value, technically complex and often involve foreign investors, yet Part XI of the Petroleum Act vests their settlement in the Petroleum Upstream Regulatory Authority (PURA) without expressly institutionalising Alternative Dispute Resolution (ADR). This article identifies and examines the challenges hindering the integration of ADR mechanisms into PURA's operations. Using a doctrinal methodology, the article analyses the Petroleum Act, the Natural Wealth and Resources legislation, the Arbitration Act, and the Civil Procedure Code. The article identifies several challenges including the Petroleum Act's silence on ADR and the limited institutional capacity and ADR expertise within PURA. The article argues that these challenges do not only reinforce one another, but that they differ in the remedy they require. The article recommends an express statutory pathway for ADR in the dispute settlement system of PURA.