Arbitration of Disputes relating to Outer Space Activities. International jurisdiction, recognition and enforcement of judgements in liability insurance matters related to accidents occurred during private commercial activities in Outer Spa

Paper number

IAC-13,E7,2,8,x19922

Author

Mr. Jordi Sandalinas, Spain

Year

2013

Abstract

During  the  last  few  decades,  not  only  humankind  in  general  but  also  private entrepreneurs have dreamt of reaching Outer Space either for tourism or for commercial purposes.  Consequently,  stemming  out  of  these  activities,  numerous  issues  have emerged  within  the  so-called  private  international liability  insurance  field.  Hence, questions regarding jurisdiction, enforcement and recognition of judgments in civil and commercial outer space matters need to be given a prospective answer. The intention of  this paper  is to propose a solution regarding these important  points which are transcendental  in order to make sure that any plaintiff will  have at least the chance  to enforce  “his” judgement in the country  where he can consider  there are enough goods to cover the so called,  damnum emergens, lucrum cesans and the so called moral rights, if granted..

Taking  into  account  the  importance  of  Council  Regulation  (EC)  No  44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial  matters and the forthcoming amending regulations as a tool to simplify the formalities with a view to rapid and simple recognition and enforcement  of judgments from Member States bound by this Regulation, there are a great number of questions to be asked when we deal with Outer Space  civil  or  commercial  activities  carried  by global private  companies  such  as  how to determine where the harmful event has occurred, how to define the concept of weaker party in Outer Space, how can we enforce in the European Union a judgment rendered by  an  American  or  a  Canadian  Court  related  to  civil  or  commercial  Outer  Space activities, and most important, how can we deal with courts which are unable to render a proper judgement  when it  comes to liability cases stemming out  of  private commercial activities in Outer Space.  Finally, in order to avoid falling into the uncertainty as explained above, the panelist will propose the following solutions: 1) mediation as an alternative dispute resolution, 2) the contract solution and 3) the arbitration solution.

The Permanent Court of Arbitration have issued an ADR system set of optional rules for arbitration of disputes relating to outer space activities. 
 
The present abstract will study the advantages of submitting controversies to Arbitration as a concluding remark in order to avoid the before mentioned issues as far as bringing proceedings before local courts is concerned and the PCA framework related to Outer Space Law.

Abstract document

IAC-13,E7,2,8,x19922.brief.pdf

Manuscript document

IAC-13,E7,2,8,x19922.pdf (🔒 authorized access only).

To get the manuscript, please contact IAF Secretariat.