Dr. Jan Frohloff on "Arbitration in Space Disputes"
The likelihood of conflicts in space has grown dramatically as humankind continues its exploration and commercial endeavours. Activities including satellite deployment, space mining, space tourism, and international cooperation may give rise to these conflicts. Arbitration has become a feasible method for settling space disputes because of the particular difficulties they present, such as jurisdictional complications and the lack of a defined international legal framework.
Arbitration offers several benefits for settling space issues. Firstly, it offers parties from many countries an impartial forum free from the prejudices of national courts. Second, it allows for technology and space law specialists to serve as arbitrators, guaranteeing a better-informed decision-making process. Arbitration also provides confidentiality, which is essential in conflicts involving sensitive business data or proprietary technology.
The significance of arbitration in this area has been demonstrated by establishing specific arbitration rules designed for space disputes, such as the Permanent Court of Arbitration's (PCA) Optional Rules for Arbitration of Disputes Relating to Outer Space Activities. These regulations include matters specific to space, notably the applicability of international agreements like the Liability Convention of 1972 and the Outer Space Treaty of 1967.
Arbitration has drawbacks in space disputes notwithstanding its benefits. The absence of tangible assets on Earth or the relevance of public policy exclusions may make it more difficult to enforce awards made under the New York Convention. Furthermore, arbitration frameworks must be continuously adjusted to stay relevant due to the quick development of space technology and activities.
In conclusion, arbitration offers a useful and adaptable method of settling space conflicts, but it needs constant improvement to handle the complex legal, technological, and moral issues surrounding space operations. Arbitration will be essential to preserving harmony and encouraging collaboration among interested parties as space exploration advances.
- Nelly Akinyi Koyoo, IDR LL.M. Candidate, Class of 2024/2025