First Paragraph
Arbitration and alternative dispute resolution do not have an established presence in disputes that reach above Earth's atmosphere. Traditionally, outer space was the purview of nation-states. The foundation of space law consisted of international treaties, as well as domestic laws issued by various countries. As a result, disputes that occurred in outer space were resolved by government agencies and diplomats while legal dispute resolution mechanisms were eschewed. There were some efforts to provide an alternative dispute mechanism for space related disputes; the Liability Convention of 1972 offered one such mechanism with its Claims Commission. The Commission was intended to fall under the United Nations' jurisdiction, but it has never been used to resolve a dispute. With private commercial interests expanding their activities into outer space, the need for an alternative legal dispute resolution mechanism outside of the traditional government and diplomatic channels has increased.
Recommended Citation
Jesse Baez, The PCA's Optional Rules for Arbitration of Disputes Relating to Outer Space Activities: Bringing Arbitration to Infinity and Beyond, 4 Arb. L. Rev. 218 (2012).