THE LAW SCHOOL OF TANZANIA – LS 114 - ADR AND QUASI JUDICIAL BODIES
DAY ONE
NEGOTIATION SKILLS
Recap
Do a recap on the following (10 minutes)
• Negotiation
• Skills Required in Negotiations.
• Laws/ Procedures Governing Negotiation.
• Documents involved in Negotiations.
Seminar Task
Mr. Usamah is the Executive Director of Oil Dot Com Limited, a company engaged in various
activities, including the importation, distribution, marketing, storage, and transportation of
petroleum products across East and Central Africa. Oil Dot Com Limited also owns multiple
petrol stations across the country.
Mr. Whiteman, the Marketing Director of Uranus Energies Tanzania Limited, identified an
opportunity to generate profits from Oil Dot Com petrol stations. He approached the
Executive Director of the company with a proposal to lease 19 petrol stations in the regions
of Dar es Salaam, Morogoro, Arusha, Dodoma, Mara, Mwanza, and Mbeya. In return, Uranus
Energies offered Oil Dot Com Limited a contract to transport its oil to the 19 leased stations
as well as other destinations in the Democratic Republic of the Congo (DRC), Zambia, and
Malawi. In the agreement, Uranius agrees to give Oil Dot Com 40% of its oil imported from
overseas.
After signing the contract which has the dispute resolution clause (Clause 16), Mr. Whiteman
informs you that they have realized that allocating 40% of fuel volumes for transportation at
the agreed price may reduce the company’s revenue. The competitive transportation market
has introduced unforeseen benefits to fuel suppliers that were not considered during the
negotiation and signing of the agreement.
In response, Mr. Whiteman approached the Director of OILDOT COM to request a
reduction in the agreed percentage. However, the Director refused and insisted on full
compliance with the contract terms. As a result, Mr. Whiteman decided to explore alternative
transportation companies for fuel distribution.
Mr. Usamah has recently discovered that other companies have been assigned transportation
volumes in violation of the agreement. Two years have passed, and Uranius has yet to fulfil its
contractual obligation by providing the agreed volume for transportation.
Before the dispute escalates further, Mr. Usamah approaches you to form a team for
negotiations. His primary demand is full compliance with the agreement, and he is unwilling
THE LAW SCHOOL OF TANZANIA – LS 114 - ADR AND QUASI JUDICIAL BODIES
to accept anything less. He has also threatened that, if no amicable resolution is reached, he
will invoke the dispute resolution clause and initiate arbitration proceedings.
Required:
Divide yourselves into the roles according to the instructions of the firm instructor and
conduct a simulation of the said mediation as required by Mr. Usamah
