About the Project
An accelerated growth of the space sector is expected to give rise to space disputes. Which dispute-settlement mechanisms will be most prominent in the resolution of space-related disputes?
This research project is jointly designed and led by Dr. Eytan Tepper (NYU Law, Institute for International Law and Justice) and Ms. Viva Dadwal (King & Spalding LLP), under the auspices of the McGill Institute of Air and Space Law, particularly with the support of Prof. Ram S. Jakhu.
The Survey
If you are a legal counsel or advisor to companies that provide space-related products and/or services, please consider responding to our ongoing survey using the web link below.
[Russian, and Spanish language surveys will be available shortly]
Preliminary Results
- An overwhelming majority of survey respondents estimate a future for arbitration in resolving future space-related disputes.
- A majority of survey respondents indicate that they value confidentiality, timeliness, technical expertise of the decision-makers within their dispute-resolution processes.
- Out of the respondents with knowledge of this question, New York, Paris, and London are the most frequently used seats of arbitration in space-related disputes.
- Out of the respondents with knowledge of this question, the International Chamber of Commerce (ICC) is reportedly the most used arbitral institution for the resolution of space-related disputes.
- Survey respondents viewed States, in-house and external counsel and space-related interest groups/bodies as having the most effect on the future of arbitration in resolving space-related disputes.
Research Team
Dr. Eytan Tepper (Co-lead); Ms. Viva Dadwal (Co-lead); Alexandre Israel (Data Collection)
Presentations and Publications
- V. Dadwal & E. Tepper, "Arbitration in Space-related Disputes: a Survey of Industry Practices and Future Needs", paper with the preliminary results presented to the 70th International Astronautical Congress (IAC), International Institute of Space Law (IISL), 62nd IISL Colloquium on the Law of Outer Space, Washington D.C., 21-25 October 2019. A copy of the presentation is available for download.
- V. Dadwal & M. Macdonald, “Arbitration of Space-related Disputes: Case Trends and Analyses", paper with preliminary results presented to the 71st International Astronautical Congress (IAC) CyberSpace Edition, International Institute of Space Law (IISL), 62nd IISL Colloquium on the Law of Outer Space, IISL Young Scholars Session, 12-14 October 2020.
- C. Rosenberg & V. Dadwal, “The 10 Year Anniversary of the PCA Outer Space Rules: A Failed Mission or The Next Generation?,” Kluwer Arbitration Blog, 16 February 2021.
- V. Dadwal & C. Rosenberg, “Looking to the Past for the Future: International Investment Law as a Framework to Protect Private Actors in Outer Space,” ITA in Review, Volume 3, Issue 3, 3 February 2022.
For further inquiries, please contact the Project Leads eytan.tepper [at] mail.mcgill.ca (subject: IASL%20Research%20on%20Space-related%20disputes) (Dr. Eytan Tepper ) and vdadwal [at] kslaw.com (subject: IASL%20Research%20on%20Space-related%20disputes) (Ms. Viva Dadwal).