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Commercial Satellite Contract Arbitration: Special Legal Considerations - ARIA Vol. 24, No. 3, 2013

Author(s): 
Pamela L. Meredith
Marshall M. Lammers
Page Count: 
20 pages
Media Description: 
1 PDF Download
Published: 
December, 2013
Jurisdictions: 
International,
United States
Practice Areas: 
Commercial Disputes,
Discovery,
Time Limits,
Capacity and Qualifications of Arbitrators

PDF197.23 KB

$40.00
Description: 

Originally from American Review of International Arbitration - ARIA

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The commercial satellite industry has come of age since its inception in 1965.1
Today, the industry consists of numerous satellite operators, large and small, in
the United States and internationally – vying for shares of a growing global
market for satellite capacity, data, and a variety of services.
 
Despite substantial consolidation in the U.S. satellite industry over the past
decade2 and relatively few new U.S. entrants in recent years, the need for
replacement satellites and satellite fleet expansions nonetheless have resulted in a
steady flow of satellite procurements with related transactions, including satellite
purchase contracts, launch services agreements, loan facility agreements, satellite
transponder leases, and satellite insurance policies. Also contributing to these
transactions have been several new satellite operators on the international stage.3
With the exception of transponder leases, these satellite contracts are typically
valued at over $100 million and sometimes even in the billions of dollars.
 
Disputes arise from time to time over the interpretation of these contracts, e.g.,
when a launch fails, a satellite is defective, or one party terminates or defaults on
the contract. While these disputes are usually settled, occasionally, they end up in
arbitration.