Library / B 117 Federal Republic of Nigeria Official Gazette No. 50
B 117 Federal Republic of Nigeria Official Gazette No. 50
Page 9 of 18
B 125 SCHEDULE Regulation 7 ORGANISATIONAL STRUCTURE OF THE MIDSTREAM AND DOWNSTREAM ALTERNATIVE DISPUTE RESOLUTION CENTRE The Centre 1.—(1) The purpose of the Centre is to use alternative dispute resolution techniques to assist parties to amicably resolve their disputes and arrive at mutually acceptable solutions in a more cost efficient and less time-consuming manner. (2) The Centre may screen the dispute to determine whether there are any jurisdictional, contractual, or other barriers to proceeding with the dispute particularly in cases in which the parties directly refer the dispute to the Centre. (3) In instances in which a commercial contract between the parties dictates that the parties attempt to resolve a dispute regarding a particular provision of the contract through a specified process, the screening process should ensure that the relevant sections of the contract are in fact in dispute, and this information can be obtained from the referral forms utilised by the parties when they refer the dispute to the Centre. Membership of the Centre 2.—(1) Membership of the Centre shall be open to arbitrators, mediators, conciliators and experts in midstream and downstream petroleum operations and shall be granted upon the applicant meeting the membership requirements prescribed by the Advisory Council (2) The membership of the Centre will include those with expert knowledge and technical experience in the midstream and downstream petroleum industry particularly on the dispute to be resolved. (3) Members of the Centre must— (a) be able to remain neutral and impartial and without judgement; (b) have the ability to remain calm under pressure; (c) be facilitative rather than directive; (d) be able to clarify and address difficult issues; (e) have respect for the parties; (f ) be trustworthy; (g) have people skills; and (h) have the ability to think outside the box to resolve disputes. Organisational structure of the Centre 3. The Centre shall have the following organisational levels — (a) the Advisory Council ; and (b) the Administrative Secretariat.
RegulationsPDF20232023-039