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.