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Is it a bird? Is it a plane? Is it a satellite? No. It’s an Arbitration.

 IDFA: Facts
 NIRANJANA: Cast
 ABHILASHA: Introduction
 NATASHA: ICA with its seat in India, Notice
 Russia and India enter with their advocates. Greet each other. Sit.
 *someone says please rise* Parties rise. Arbitrators enter. Namaste Namaste Namaste.
Everybody sits.
 PRIYA: Good Morning everyone. I hope you had a pleasant drive to the Delhi International
Arbitration Centre. DAC is a leading institution intended to facilitate and encourage litigating
parties to take recourse to arbitration as their chosen mode for settlement of disputes. As
arbitrators, we aim to provide an independent, transparent and professional recourse to your
dispute. I will now give you a brief understanding of our role and how it was assigned to us –
Referral, Interim Relief, Appointment of Arbitrators.
 PAVITHRA: In continuance with what my esteemed colleague has said, I will add the following
explanation – Challenge to appointment, Mandate, Challenge to Jurisdiction.
 SHRAVANTHI: So, shall we begin with the proceedings? Russian party, do you have your
statement of claims?
 ABHILASHA: *hands over the statement of claims to Shravanthi*
 PAVITHRA: Parties from India, do you have your statement of claims?
 SABA: * hands over the statement of claims to Pavithra*
 PRIYA: Now that the claims have been handed over, I would ask the Russian party if they are
familiar with the procedure of Arbitration as it happens in India
 SONALI: Conduct, Hearings and Written, Fast track Procedure
 PAVITHRA: Yes. That’s right. Now we shall begin with the proceedings. Would the disputing
party please give us a brief version of the events that transpired?
 SABA: *gives brief version of facts in India’s POV*
 SHRAVANTHI: Does the Russian party have anything to add?
 ABHILASHA: *gives brief version of facts in Russia’s POV*
 PRIYA: As we have ascertained the facts, we shall now move forward to framing of issues.
*whispers to other arbitrators, pretends to write stuff down*
 PRIYA: The panel has decided on three issues to be addressed in this proceeding.
1) The complete destruction of Chandrayan and why it occurred?
2) Whether according to the 1967 Outer Space Treaty and the 1972 Liability Convention, Russia
is liable to pay damages to India for the destruction of Chandrayan?
3) Whether both Satellite Navigation systems had a Monitoring system to predict collisions in
space?
 SHRAVANTHI: Let us now begin with the examination in chief and cross examination.
 PRIYA: *calls the witnesses forward* *Naomi and Niranjana go towards the bench and place
hands on a bible-looking book* *Priya administers oath* *Naomi and Niranjana say “I do”
together. *
 SABA: *stands* Before we begin, I would like my clients to state their designations and period of
employment.
 NATASHA: *stands* I am the chief officer in charge of satellite communications and have been
so for 17 years.
 SHESHMA: I am the head of the satellite launching and orbit mapping department and
have been so for 15 years.
 NIRANJANA: I am the head of satellite engineering and have been so for 20 years.
 SABA: *to Niranjana* As head of engineering, have you followed the prescribed procedure to
build your satellite?
 NIRANJANA: Yes.
 SABA: Is the satellite registered?
 NIRANJANA: Yes, it is registered.
 SABA: Where was it registered?
 NIRANJANA: In India.
 SABA: Thank you.
 ABHILASHA: *to Niranjana* Have you seen this email?
 NIRANJANA: Yes. I have.
 ABHILASHA: Did you receive this email in the manner prescribed by your agency?
 NIRANJANA: Yes.
 ABHILASHA: Are you aware of the contents of this email?
 NIRANJANA: Yes. It is the notification we received from the Russian Space Agency stating that
their Satellite will orbit over the Indian airspace on the 15 th of March.
 ABHILASHA: Thank you. You may sit.
 ABHILASHA: I would like my clients to state their designations and period of employment.
 NAOMI: *stands* I am the head of satellite engineering and have been so for 10 years.
 IDFA: I am the head of the satellite launching and orbit mapping department and have been
so for 15 years.
 SONALI: I am the chief officer in charge of satellite communications and have been so for 17
years.
 ABHILASHA: *to Naomi* Did you send this email?
 NAOMI: DA. (Or yes)
 ABHILASHA: Are you the authorised person commissioned to send notifications via email?
 NAOMI: DA DA DA.
 ABHILASHA: Did you follow the procedure prescribed for sending notifications via email?
 NAOMI: DAAAAAAAAAAAAAAA.
 ABHILASHA: Thank you. You may sit.
 PRIYA: If the examinations and cross examinations are completed, may we proceed with the
arguments on the issues framed? *everyone says yes(da)* So why did the complete destruction
of Chandrayan take place when only a small part of Cosmos was damaged?
 SHESHMA: Sir/Ma’am, Chandrayan is a small satellite in comparison to Cosmos. Cosmos is over
three times larger. And also, it was calculated that Cosmos collided with Chandrayan at a
relative speed of nearly 10 km/s. According to the laws of inertia, objects in motion possess
more momentum than objects at rest. As Chandrayan was stationary at the time of the collision,
the speed and size of the approaching Cosmos satellite destroyed it completely.
 PAVITHRA: *to Sheshma*What was the material used to build your satellite?
 SHESHMA: Grade C Titanium and Aluminium.
 SHRAVANTHI: Does the Russian party have anything to add?
 IDFA: We use superior material. Significant portion of economy goes towards space technology.
etc etc.
 PRIYA: Okay. Let’s move onto the second issue. Whether according to the 1967 Outer Space
Treaty and the 1972 Liability Convention, Russia is liable to pay damages to India for the
destruction of Chandrayan?
 NATASHA: According to the Liability Convention, it provides that the launching State shall be
absolutely liable to pay compensation for damage caused by its space objects on the surface of
the Earth or to aircraft and space objects and are liable for damage due to its faults in space.
Clearly, Russia is liable to pay for damages caused to our satellite.
 NAOMI: The Indians have conveniently left out the fact that the liability provided in the Liability
Convention is fault based. Our agency, the Roscosmos State Corporation, did their due diligence
in giving notifications pertaining to our launch and orbit around the planet with its locations and
corresponding dates. However, ISRO refused to move Chandrayan despite repeated requests
and notifications. If Chandrayan had moved around its orbit as scheduled, it would safely be
above Siberia and none of this would have happened. Therefore, we will not be liable as the
fault lies with them.
 PAVITHRA: *to the Indians* Why didn’t you move the satellite?
 NATASHA: As you know, Chandrayan is a military satellite. We received inside information that
our neighbouring country, Pakistan is conspiring to attack our naval bases. Therefore, it was
imperative that Chandrayan stayed in its current location and sent information about impending
attacks.
 SHRAVANTHI: *to Natasha* Did you send a notification explaining your situation to the Russian
Space Agency?
 NATASHA: Yes.
 SHRAVANTHI: Did you send it in the manner prescribed?
 NATASHA: No. It was an urgent matter.
 PRIYA: Okay. Let’s move onto our last issue. Do both Satellite Navigation systems had a
Monitoring system to predict collisions in space?
 NIRANJANA: No.
 SONALI: Our Sat Nav does not have a Monitoring System as of yet but it is in the works and
currently in its infancy but showing excellent progress.
 PRIYA: Okay. Keeping that in mind, let’s move onto the settlement of this dispute.
 PAVITHRA: *to the Indians* What is the total monetary investment in this project?
 SABA: 578 Crores for just the satellite alone. 700 Crores including (material, building costs,
deployment bay, pre- launch cost, launch cost, fuel etc.)
 SHRAVANTHI: Do the Russians agree to pay the stated damages?
 SONALI: Absolutely not. The impact of the collision damaged Cosmos as well. It’s entire relay
mechanism was destroyed and we were not able receive communications from our satellite ever
since. This mechanism alone costs the same as the entire cost of operations of the Indian
Satellite. With the main portion of the satellite gone, the very purpose of our mission is
destroyed, which I think, is the same as having our entire satellite destroyed. We have been
relying on the Hungarian Space Agency to find its location which is unnecessary additional costs
to us all because the Indians wilfully refused to move their satellite.
 PRIYA: *slightly angry* You are two of the top space agencies in the world. I’m sure you’re
aware that unless you have a Monitoring system on your Sat Nav, you won’t be able to see if a
collision is about to happen. Despite that, you still launched both satellites into space. This is a
case of contributory negligence. Therefore, both parties are at fault.
 *all parties murmur nervously*
 PRIYA: By the powers vested in me, based on the facts, circumstances, evidence that have been
brought to light, I now pronounce the compensation amount to be 400 crores. This is in view of
the contributory negligence showed by both parties. Do the parties agree?
 *parties talk to their respective lawyers. *
 *both lawyers* Yes. Parties agree to the settlement.
 PRIYA: *pretends to draft settlement agreement* Advocates of the respective parties come
forward and sign the agreement.
 *both lawyers sign*
 PRIYA: Thank you. I hope everyone is satisfied with how this dispute ended.
 *reluctant nods*
 SHESHMA: Settlement, Law of limitation, Interest and costs.
 NAOMI: Challenges to an award, Appeals, Enforcements & Execution
 SHRAVANTHI: Advantages of Arbitration.
 SABA: Problems in Arbitration.

конец
(THE END)
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