Abstract
Existing international arbitration agreements offer a valid mechanism for resolving commercial disputes in space. One recent ruling in CC/Devas, in particular, offers a key precedent for resolving the legal issue posed because the physical location of a space investment is not geographically within the host country (which is customary for ISDS jurisdiction). However, international arbitration is unlikely to resolve major commercial disputes because of the dual-use nature of space technology, encroaching protectionism in the name of national security, and reemergent great power competition. One way to buttress the private space sector from national security risks and supply chain shocks, while encouraging more entrepreneurial activity in space, would be to form public-private partnerships, offer grants, and offer guarantees against insolvency resulting from research and development in areas prioritized by NASA.
