Space Disputes Guide – Edition 2

Space Disputes Guide

Edition 2

Courts of Space Disputes Guide

Edition 2

In 2021, the DIFC Courts and the Dubai Future Foundation launched a new Courts of the Future initiative, activating the Courts of Space. The launch of the project signals to the international space community the intent of the UAE to play a leading role in advancing its judicial systems to specifically direct capacity and capability to commercial spacerelated disputes, inviting businesses to ‘opt-in’ to the jurisdiction of the DIFC Courts for transparent and speedy dispute resolution.

An integrated space industry, supported by human resources, infrastructure, and scientific research, is under way. The Courts of Space is a global initiative that operates in parallel, helping to build a new judicial support network to serve the stringent commercial demands of international space exploration in the 21st century.

Part of the Courts of Space’s mandate is to explore challenges that may arise within the space industry, and how the Courts of Space offerings would be suited to resolve disputes that occur within space.

Edition 1 explored the court procedures for differing types of claims, while this Edition explores legal frameworks of jurisdiction which could be considered within the Courts of Space, thus displaying how the Courts of Space can serve as a neutral forum for disputes of the nature set out within this Guide, whilst also making determinations on the choices of law best suited to the disputes being explored herein.

Figure One: A decision tree analysis for determining jurisdiction authority1

Did the dispute occur within space-faring objects or among space-faring objects?

Within a space-faring object Is such object flagged/ registered under one nation or multi-nations?

One

The nation under which the object/segment is flagged/registered has a jurisdiction authority over the dispute

Multi

Is there a jointgoverning agreement with provisions dictating jurisdiction authority over the dispute in question?

The agreement’s jurisdiction provisions control the dispute resolution process

Did the dispute occur in segment(s) of the object flagged/ registered to only one nation?

Among space faring objects

Are all objects involved flagged/registered under one nation or multinations?

Multi

Establish an adjudication commission (size determined by parties involved) which shall have jurisdictional authority over the dispute

One

The nation which the objects are flagged/ registered has jurisdiction authority over the dispute

The coloured blocks are where DIFC Courts can offer swift and independent justice as an “opt-in” jurisdiction.

COURTS OF SPACE DISPUTES GUIDE

Role 1: The Courts of Space serve as a neutral forum and render judgements

Scientists from countries X and Y are doing research on space station Alpha. The scientists are only permitted to work on the space modules funded by their respective nations due to copyright concerns. Additionally, according to the agreement of Space Station Alpha, none of the scientific research carried out will be owned by the Space Station.

Scientists from country X are conducting research that will aid in the human body’s adjustment from Earth to space and back again. The scientists from country X express their frustration with the lack of progress while eating in the communal area of Space Station Alpha. The scientists from country Y, who are engaged in entirely separate research, learn about that and propose an idea to them. The scientists from country X are successful in their research after following this advice.

Following that, the government of country Y wishes to gain access to this research as a result of the attention paid by its scientists and decides to file a claim against the government of country X. Both governments do not have an agreement that determines the dispute’s jurisdiction, but instead choose to opt-in to the DIFC Courts’ jurisdiction after the fact.

The DIFC Courts of Space is flexible in its ability to support parties who elect the Courts’ jurisdiction in the agreement phase, or after a dispute arises. The Courts provide both parties with specialised judges on space station and space economy issues. Both parties will be able to use the Courts as a neutral forum. Furthermore, the DIFC Courts, unlike other dispute resolution courts, issues binding judgments, thus absolving the parties’ from having to seek further ratification procedures.

Role 2: The Courts of Space choose a suitable choice of law

Omega, a new asteroid discovered in space, is rich in natural minerals and resources. The asteroid can support two countries with their research. Country O arrives at the asteroid Omega before country P. Country O wants to establish a safety zone around its research area, effectively preventing other countries from utilising the available resources. Country P, on the other hand, has also invested money and resources in the potential discovery of the asteroid.

As a result, Country P sues Country O for open access to the asteroid. Both countries have chosen to accept the jurisdiction of the DIFC Courts. However, neither party can agree on a choice of law. In this case, the Courts of Space judges are able to determine the best choice of law for the dispute.

Space Disputes Guide