Library / PETROLEUM INDUSTRY ACT, NO. 6, 2021 MIDSTREAM AND DOWNSTREAM PETROLEUM PREVENTION OF ANTICOMPETITIVE PRACTICES AND BEHAVIOUR REGULATIONS, 2026 ARRANGEMENT OF REGULATIONS

PETROLEUM INDUSTRY ACT, NO. 6, 2021 MIDSTREAM AND DOWNSTREAM PETROLEUM PREVENTION OF ANTICOMPETITIVE PRACTICES AND BEHAVIOUR REGULATIONS, 2026 ARRANGEMENT OF REGULATIONS

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126 
 
(To be issued as a regulatory implementation under Regulation 124 of these 
Regulations) 
 
1. Purpose and Scope 
 
This Guideline provides procedures for the use of mediation or other ADR 
mechanisms as a means of resolving certain disputes under the Competition 
Regulation, where such disputes do not involve direct findings of violation or 
penalties. 
 
2. Types of Disputes Eligible for ADR 
 
ADR may be used for: 
    •    Third-party access terms (e.g., pricing, timelines, technical standards). 
    •    Disagreements on compliance implementation (e.g., format of 
separation of accounts, data reporting protocols). 
    •    Non-adversarial disagreements between licensees. 
    •    Interim commercial arrangements pending regulatory ruling. 
 
ADR shall not apply to: 
    •    Final determinations on violation of anticompetitive conducts or 
practices by the Authority or Federal Competition and Consumer Protection 
Commission. 
    •    Imposition or enforcement of penalties. 
    •    Abuse of dominance investigations. 
 
3. Initiation of ADR 
    •    A party may submit a written Request for ADR to the Authority using the 
prescribed form. 
    •    The Authority may refer a matter to ADR if it determines that: 
 (a) The matter is suitable for resolution through mediation or conciliation; and 
 (b) ADR would not compromise public interest or regulatory authority. 
 
4. ADR Procedures 
    1.    Appointment of Mediator: 
 - The Authority shall maintain a roster of approved mediators or ADR neutrals. 
 - Parties may agree on a mediator from this list or allow the Authority to assign 
one. 
    2.    Timelines: 
 - ADR should commence within 14 days of approval and conclude within 30 
working days, unless extended for cause. 
    3.    Process: 
 - Mediation sessions shall be confidential and informal. 
 - Parties shall act in good faith and may be represented by counsel.