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Author	Prof Dr RAVINDRA KUMAR SINGH
Organisation/Institution	Gujarat National Law University
Country	INDIA
Panel	Space Law and the Low-Altitude Economy
Title	Contractual Interpretation of ‘Best Efforts’ Clauses in Launch Service Agreements and Implications of Incorporating Environmental Sustainability Provisions in Space Contracts
Abstract	The interpretation of contracts is a central feature of any contractual dispute, as in business transactions (including Launch Service Agreements/LSAs) the issue which the court is normally to address relates to contract interpretation. For adjudicating a contractual dispute, the court is guided by principles and rules of interpretation of contracts, as evolved, developed and recognised by courts over the years. As the subject of contract interpretation in space contracts will increasingly become more and more contentious, therefore, it warrants a methodical examination of the interpretation of a few clauses of such contracts. It is common to have clauses on ‘Best Efforts’ and ‘Environmental Sustainability’ in LSAs and other agreements relating to space activities, which include any activity pertaining to the space sector, i.e. launch, operation, guidance and/or re-entry of any space object from outer space — to name a few. ‘Best Efforts’ clauses in LSAs aim at ensuring diligently working in a good and workman-like manner as a reasonable, prudent manufacturer of launch vehicles and provider of launch services. Such agreements also provide for the remedies in the event of breach of contractual duty to use ‘best efforts’. ‘Environmental Sustainability’ clauses aim at confirming safe and sustainable space operations, which reverberate intensely with the growing recognition of the right to a healthy environment as a basic human right within the global discourse on environmental protection and sustainability. In particular, this research paper addresses the following three research questions: (i) How is liability for certain contingencies allocated by the parties and interpreted by the court through ‘Best Efforts’ Clauses in LSAs? (ii) How does the liability for certain contingencies allocated by the parties vary with different variants of endeavour/effort clause: ‘best efforts’, ‘reasonable efforts’ and ‘all reasonable efforts’ clauses? (iii) What impact does an ‘Environmental Sustainability Clause’ in space contracts have on environment protection and sustainability of space activities?
Biography	Professor (Dr) Ravindra Kumar Singh is a Professor of Law at Gujarat National Law University (GNLU), and has over 19 years of teaching experience, including over 16 years at the PG (LLM) level. He did his BA, LLB and LLM from the University of Allahabad, and PhD in Law from Gujarat University. Currently, he is pursuing Post-doctoral in Law Programme (LLD - Doctor of Laws) from Chanakya National Law University, Patna. He was formerly the Dean (Academic Affairs) of GNLU. In the year 2016, he was selected for deputation as ICCR (Indian Council for Cultural Relations) Rotating Chair (Visiting Professor of Indian Studies) at Leibniz University of Hannover, Germany for a period of one semester. Furthermore, he was also the recipient of the ‘Excellent Faculty Award’ by Gujarat National Law University, Gandhinagar for the year 2009-2010. Professor Singh is the author of a book titled, Law Relating to Electronic Contracts (ISBN: 978-93-5143-713-0), published by LexisNexis. Besides, he has published research papers and articles on a range of subjects, particularly, legal education, constitutional law and contract law. He was the Project Convenor of a project titled, ‘Effectiveness of Government Measures for the Reduction of Court Cases’, which was awarded to GNLU by the Legal Department, Gujarat Government. He was also the Project Convenor of Swarnim Gujarat Project on Speedy Disposal of Backlog of Cases, an initiative of GNLU. Besides, he has also vetted/drafted tender documents for public organisations.