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Chuck Dickey
TCTB, LLC, P. O. Box 591031, Houston, TX 77259.
Article

Arbitration in Space-Related Disputes: A Survey of Industry Practices and Future Needs

Journal International Institute of Space Law, Issue 2 2019
Keywords space law, space related disputes, arbitration, dispute resolution
Authors Viva Dadwal and Eytan Tepper
AbstractAuthor's information

    To better understand the viability of arbitration in space-related disputes, we designed a survey that examines the use of arbitration clauses in contracts used by space companies, and if the use thereof is mandatory. More specifically, the survey gathers data on contracting parties’ preferred seats of arbitration, arbitration institutions, selection process for arbitrators, and choice of procedural and substantive rules. The survey also captures actual use of arbitration within space related disputes by collecting data on how often such arbitration clauses have been invoked and the number of disputes ultimately resolved by arbitration. Finally, the survey solicits industry preferences for the future development of arbitration as a form of dispute resolution in the space sector. The survey is built in a way that allows break down of results and comparing segments, inter alia, based on the type of contract (e.g., launch contract, insurance contract, investment contract, contract for supply of parts or services). The results of the survey will expose the demand for arbitration and the successes and barriers for the use thereof. Furthermore, the results will allow us to evaluate the success of existing arbitration infrastructure for space-related disputes, including the PCA Optional Rules for Arbitration of Disputes Relating to Outer Space Activities and the Panels of Arbitrators and Experts for Space-related Disputes. To our knowledge, there exist no surveys or catalogues on the use of arbitration in spacerelated disputes. The results of the survey will provide empirical data and trends that may be used by scholars, policymakers and practitioners to anchor future theoretical papers and policy recommendations.


Viva Dadwal
V. Dadwal, Faculty of Law, McGill University, 3644 Peel St, Montreal, Quebec H3A 1W9.

Eytan Tepper
E. Tepper, Institute of Air & Space Law, McGill University, 3690 Peel Street Montréal, Québec, Canada H3A 1W9.

Thea Flem Dethlefsen
LLB and LLM, University of Copenhagen, Denmark. Adv. LL.M. Air and Space Law, Leiden University (2018).

Heejeong Vicky Jeong
LLB (Hons.), London School of Economics and Political Science, UK. Adv. LL.M. Air and Space Law, Leiden University (2018).

Antonino Salmeri
LLM (cum laude), University of Catania, LLM (cum laude) Law and Government of the EU, LUISS University, Rome. Adv. LLM Air and Space Law, Leiden University (2018).

    In 2010, the Scientific and Technical Subcommittee of the UNCOPUOS formed the Working Group on Long Term Sustainability (LTS) of Outer Space Activities, assigning it the task of formulating voluntary non-binding guidelines focusing on sustainable space utilization, space debris and space operations, space weather, and regulatory regimes. At its June 2016 meeting, the UNCOPUOS approved 12 of the proposed guidelines, while several remained on the UNCOPUOS agenda. Although the LTS Guidelines are voluntary, their adoption by the UNCOPUOS and consideration by the UNGA’s 4th Committee, are evidence of a growing awareness of their potential contribution to the evolution of space law applicable to all states. This paper explores whether the LTS Guidelines could evolve into customary legal norms as part of customary international law (CIL) and steps that could promote that evolution.


Larry F. Martinez
California State University, Long Beach, USA.

James H. Armstead
Attorney, USA.

Merve Erdem
University of Ankara, Turkey.
Article

Disarmament in Outer Space

Banning ASAT Weapons with Soft Law?

Journal International Institute of Space Law, Issue 1 2017
Authors Takuya Sugimura

Takuya Sugimura

Simona Spassova
Ph.D. Candidate, University of Luxembourg

Mahulena Hofmann
SES Chair in Satellite Communications and Media Law, University of Luxembourg, Luxembourg

Mahulena Hofmann
Prof. Dr., SES Chair in Satellite Communications and Media Law, University of Luxembourg, Luxembourg, mahulena.hofmann@uni.lu.

Juliana Macedo Scavuzzi dos Santos
LLM Thesis Candidate, McGill Institute of Air and Space Law, Montreal, Canada, juliana.scavuzzi@mail.mcgill.ca.

Henry R. Hertzfeld
Space Policy Institute, The George Washington University, Washington, D.C., USA, HHertzfeld@law.gwu.edu.

Timothy G. Nelson
Skadden, Arps, Slate, Meagher & Flom LLP, New York, NY, USA, Timothy.G.Nelson@skadden.com.

Fabio Tronchetti
Associate Professor of Law, School of Law, Harbin Institute of Technology, China; Adjunct Professor of Comparative National Space Law, School of Law, University of Mississippi, United States, Fabio.tronchetti@yahoo.com.
Article

Is there a Future for Space Law Beyond "Soft Law"?

The Current Status of the Rule of Law with Regard to Space Activities

Journal International Institute of Space Law, Issue 4 2010
Authors J. Monserrat Filho and A.F. dos Santos

J. Monserrat Filho

A.F. dos Santos
Article

Should there be an Environmental "Code of Conduct" For Activities In Outer Space?

The Current Status of the Rule of Law with Regard to Space Activities

Journal International Institute of Space Law, Issue 4 2010
Authors P.M. Sterns and L.I. Tennen

P.M. Sterns

L.I. Tennen
Article

You Can Lead an Astronaut to Water...: Prospects for Legal Use and Water Rights on the Moon and Other Celestial Bodies

Nandasiri Jasentuliyana Keynote Lecture on Space Law & 2nd Young Scholars Session

Journal International Institute of Space Law, Issue 1 2010
Authors J. Easterson

J. Easterson
Article

Legal Problems Concerning Space Debris and Liability Convention

Third Party Liability Issues in Commercial Space Activities

Journal International Institute of Space Law, Issue 3 2009
Authors D.H. Kim

D.H. Kim
Article

Determining Liability for Damage Caused Due to Debris in Outer Space: Portal to a New Regime

Third Party Liability Issues in Commercial Space Activities

Journal International Institute of Space Law, Issue 3 2009
Authors U. Mukherjee and A. Mokkapati

U. Mukherjee

A. Mokkapati
Article

Orbital Space Ports: Their Operating Procedures and Legal Frame

Legal Issues of Private Spaceflight and Space Tourism

Journal International Institute of Space Law, Issue 2 2007
Authors A. Azcarraga and E. González Ferreiro

A. Azcarraga

E. González Ferreiro
Article

The Multi-Door Courthouse: A Proposed Mechanism for Dispute Settlement in International Space Law

The 40th Anniversary of the Outer Space Treaty and Other Legal Matters

Journal International Institute of Space Law, Issue 5 2007
Authors G.M. Goh

G.M. Goh
Article

Application of Free Trade Zone Concepts to Space Development

The Moon, Property Rights and Legal Issues

Journal International Institute of Space Law, Issue 3 2006
Authors J. Pearce

J. Pearce
Article

Introduction, Problem and Finalists Briefs

15th Manfred Lachs Space Law Moot Court Competition, 2006: Case Concerning the Sale and Operation of Certain Commercial Remote Sensing Satellites (Galatea v. Thalassa: Proteus Intervening)

Journal International Institute of Space Law, Issue 11 2006
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