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The impact of arbitration referrals in South Africa’s petroleum industry
Mini Dissertation (LLM (Alternative Dispute Resolutions))--University of Pretoria, 2024.
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| Format: | Thesis |
| Language: | English |
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University of Pretoria
2025
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| _version_ | 1867613496652333057 |
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| access_status_str | Open Access |
| author2 | Baboolal-Frank, Rashri |
| author_browse | Baboolal-Frank, Rashri |
| author_facet | Baboolal-Frank, Rashri |
| collection | Thesis |
| dc_rights_str_mv | © 2023 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. |
| description | Mini Dissertation (LLM (Alternative Dispute Resolutions))--University of Pretoria, 2024. |
| format | Thesis |
| id | oai:repository.up.ac.za:2263/100085 |
| institution | University of Pretoria (South Africa) |
| language | English |
| last_indexed | 2026-06-10T12:37:04.556Z |
| license_str | Other — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UPSpace — University of Pretoria Institutional Repository |
| publishDate | 2025 |
| publishDateRange | 2025 |
| publishDateSort | 2025 |
| publisher | University of Pretoria |
| publisherStr | University of Pretoria |
| record_format | dspace |
| source_str | UPSpace — University of Pretoria Institutional Repository |
| spelling | oai:repository.up.ac.za:2263/100085 The impact of arbitration referrals in South Africa’s petroleum industry Baboolal-Frank, Rashri u23966531@tuks.co.za Mosikidi, M.P. (Mathapelo Pedro) UCTD Sustainable Development Goals (SDGs) MND800 Mini Dissertation (LLM (Alternative Dispute Resolutions))--University of Pretoria, 2024. This paper focuses on how effective referrals of disputes resolved through arbitration in the petroleum industry as provided for in section 12B of the Petroleum Products Act 120 of 1977 (PPA) are, and the impact of the court cases associated with section 12B of the PPA on the regulation of contractual disputes between oil companies and retailers in South Africa’s petroleum industry. Section 12B of the PPA makes provision for the resolution of disputes between oil companies and retailers through arbitration. Most franchise agreements between oil companies and retailers are such that the oil company supplies petroleum products to the retailer and allows the retailer to use its branding to operate a filling station. Disputes often arise when the oil company or retailer have breached any of the clauses in the franchise agreement, leading to a breakdown in the contractual relationship. Disputes still end up in court, and even with the option of resolution through arbitration, parties approach the court before and after the arbitrator has made the award. The main research question investigated in the dissertation is: How effective are arbitration referrals in resolving disputes in South Africa’s petroleum industry by the Controller of Petroleum Products? And can the relevant court judgements assist the Controller of Petroleum Products in making policy changes to improve arbitration laws in the petroleum industry? N/A Procedural Law LLM (Alternative Dispute Resolutions) Unrestricted Faculty of Laws None 2025-01-15T11:52:15Z 2025-01-15T11:52:15Z 2025-05-29 2024-11-29 Dissertation * A2025 http://hdl.handle.net/2263/100085 https://library.up.ac.za/c.php?g=356288p=6340909 en © 2023 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. application/pdf University of Pretoria |
| spellingShingle | UCTD Sustainable Development Goals (SDGs) MND800 The impact of arbitration referrals in South Africa’s petroleum industry |
| title | The impact of arbitration referrals in South Africa’s petroleum industry |
| title_full | The impact of arbitration referrals in South Africa’s petroleum industry |
| title_fullStr | The impact of arbitration referrals in South Africa’s petroleum industry |
| title_full_unstemmed | The impact of arbitration referrals in South Africa’s petroleum industry |
| title_short | The impact of arbitration referrals in South Africa’s petroleum industry |
| title_sort | impact of arbitration referrals in south africa s petroleum industry |
| topic | UCTD Sustainable Development Goals (SDGs) MND800 |
| url | http://hdl.handle.net/2263/100085 https://library.up.ac.za/c.php?g=356288p=6340909 |