Outer space, long dominated by governments of larger nations,
has recently witnessed a surprising increase in private capital,
along with a great range of new space activities ranging from
telecommunications and Earth observation to space tourism and
resource exploration. Traditionally a non-litigious industry, space
contracts are often drafted to avoid disputes, thereby giving
preference to collaborative techniques, such as cross-waivers of
liability or mandatory insurance, over potential dispute resolution
mechanisms. However, with the entry of a great number of new
players into the space market and the increasing congestion of, at
least, the lower orbits of Earth, it is likely that this peaceful
collaboration will soon give way to a rising number of disputes.
Space companies should be prepared for this occurrence.
