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.