DOI: 10.5553/IISL/2020063001003

International Institute of Space LawAccess_open


Arbitration of Space-Related Disputes

Case Trends and Analysis

Keywords arbitration, dispute resolution, space-related disputes, satellites
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    Despite a consistent annual increase in the number of space-related disputes, the distinct role of arbitration in the resolution of these disputes remains understudied. To our knowledge, there exist no consolidated catalogues for publicly-reported space-related disputes that have been resolved through international arbitration. This research begins to fill that gap by cataloguing all publicly-reported space-related disputes that have been resolved through international arbitration to date. Results are categorized and analyzed according to: (i) type and subject matter of dispute submitted to international arbitration, as organized by industry and topic; (ii) kind of disputant currently employing international arbitration, as organized by type and size of actor; (iii) applicable law used in international arbitration; (iv) seat; and (v) arbitral institution administering the dispute. Results shed light on current industry practices and complement existing research on the use of arbitration clauses by companies providing space-related products and services. Scholars, policymakers, and legal practitioners may use the data to assess the strengths and weaknesses of the current dispute-resolution infrastructure and to inform future practices in the resolution of space-related disputes.

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The views expressed herein are solely those of the authors and do not reflect those of their employers or clients. This research was presented as part of the International Institute of Space Law (IISL) Young Scholars Session at the 63rd IISL Colloquium on the Law of Outer Space, 71st International Astronautical Congress (Cyberspace Edition) on October 12-14, 2020.

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