As nations expand their strategic boundaries beyond borders, sea lanes, and airspaces – into the realms of cyberspace and outer space – the law, too, must evolve. Defence, aviation, and space are no longer siloed sectors. They form an interconnected legal triad that balances innovation, national security, and regulatory accountability.
At Duke & Baron, our legal practice addresses these emerging intersections with precision, powered by deep-rooted technical understanding, policy insight, and legal strategy. This article unpacks the layered legal terrain governing defence contracts, aviation regulations, and the rapidly developing sphere of space law.
Defence Contracts: Legal Precision in a High-Stakes Arena
Modern defence contracting is a high-value, high-risk endeavor. Whether it’s a multi-billion-dollar procurement agreement for aerospace components or software architecture for unmanned combat aerial vehicles (UCAVs), the legal complexities are enormous.
Applicable Laws and Legal Frameworks:
- The Defence Procurement Procedure (DPP) – India’s primary guideline for capital acquisitions in the armed forces.
- Official Secrets Act, 1923 – Governs the confidentiality of defence-related information.
- Foreign Exchange Management Act (FEMA), 1999 – Pertinent in cases involving cross-border defence technology transfer or FDI in defence.
- The Indian Contract Act, 1872 – Governs all underlying contractual obligations and liabilities.
With the shift toward private-sector participation in strategic defence manufacturing under the “Make in India” and “Atma Nirbhar Bharat” initiatives, the role of defense contract legal advisors is more critical than ever. Contracts must align with government policy while ensuring the enforceability of IP rights, indemnity clauses, and technology-transfer protocols.
Litigation and arbitration on such matters typically occur before the Delhi High Court, Armed Forces Tribunal, and, in cases involving central government contracts, the Supreme Court of India. Our legal team has been instrumental in advising clients on cross-jurisdictional defense procurement, offset obligations, and regulatory compliance for strategic collaboration with global OEMs.
Aviation Law: The Legal Backbone of a Skyward Industry
India is on track to become the third-largest aviation market globally, and with this rapid growth come increased legal and regulatory responsibilities. Civil aviation law governs everything from airworthiness certification and passenger rights to airport privatization and drone surveillance protocols.
Relevant Legislations:
- The Aircraft Act, 1934
- The Aircraft Rules, 1937
- Civil Aviation Requirements (CARs) issued by DGCA
- The Carriage by Air Act, 1972
- The Anti-Hijacking Act, 2016
Each of these pieces of legislation intertwines with international frameworks such as the Chicago Convention (1944) and protocols of the International Civil Aviation Organization (ICAO).
Aviation contracts – covering everything from aircraft leasing to maintenance, repair, and overhaul (MRO) agreements – require meticulous drafting and compliance monitoring. In this sphere, our aviation law specialists provide litigation and advisory services across transactional, regulatory, and litigation issues, often representing clients before the National Company Law Tribunal (NCLT) and Delhi High Court, especially in cases involving insolvency or lease disputes.
Moreover, with drone and Unmanned Aircraft Systems (UAS) regulation being a critical issue, especially for surveillance and logistics, Duke & Baron routinely advises tech companies and defense integrators on permissions, data protection liabilities, and aviation insurance frameworks.
The Emergence of Space Law: Legal Order in the Orbital Age
Space law is no longer a niche field – it’s now a strategic necessity. India’s increasing satellite launches, private participation in space tech, and ISRO’s commercial offshoot NSIL (NewSpace India Ltd.) have necessitated a detailed legal ecosystem for orbital operations.
The growth of private space missions has made the presence of a specialized space law firm in India imperative for ensuring legal clarity in contracts, risk liability, and dispute resolution.
Foundational Legal Instruments:
- Outer Space Treaty, 1967 – The constitutional framework of international space law.
- Moon Agreement, 1979 (India is a signatory).
- Satellite Communication Policy (SATCOM Policy), 2000
- Draft Space Activities Bill, 2017 (still under review)
Although India does not yet have a codified domestic space law, courts increasingly deal with IP, liability, and tort-related cases involving satellite navigation, remote sensing, and broadband delivery systems.
We regularly consult on issues like:
- Regulatory licensing with IN-SPACe and DoS
- Liability apportionment in collaborative launches
- Cross-border disputes concerning orbital slot allocations
- Space debris and post-mission disposal obligations
Our aerospace regulatory compliance lawyers collaborate with international partners to ensure clients remain aligned with ITU, WMO, and COPUOS requirements while navigating the ambiguities of domestic regulation.
Convergence of Law, Technology, and Strategy
What makes these three domains – defence, aviation, and space – so legally intricate is not just the volume of regulation, but the velocity of innovation. AI-enabled drones, hypersonic aircraft, dual-use satellites, and military-civil fusion technologies demand an agile, cross-disciplinary legal approach.
Whether it’s drafting a multilateral satellite launch agreement or structuring offset obligations under a government-to-government (G2G) defence deal, we operate at the intersection of law, policy, and technology.
This complexity is further heightened in multi-party transactions involving joint ventures between public sector units (PSUs), foreign OEMs, and domestic private firms. Our military procurement legal services span regulatory risk assessment, contract negotiation, arbitration, and compliance auditing – ensuring end-to-end legal support.
Jurisdictional Realities
In India, high-stakes litigation concerning defence and aerospace matters is primarily conducted in:
- Supreme Court of India – In constitutional and inter-governmental procurement disputes.
- Delhi High Court – Often the first port of call for IPR violations, contractual disputes, and PILs.
- Armed Forces Tribunal (AFT) – Handles service matters and procurement-related conflicts.
- NCLT & NCLAT – In matters involving insolvency of aviation companies or space tech startups.
- CCI (Competition Commission of India) – For M&A activity in the defence and aerospace sector.
Final Thoughts
As strategic industries blend physical and digital capabilities, from hypersonic missiles to AI-driven air traffic systems and small satellite constellations, the demand for legally secure, technically sound frameworks is more urgent than ever. The legal profession must now build space-age resilience into Earth-bound contracts.
At Duke & Baron, we don’t just understand the law – we understand the technology behind it. Our firm remains committed to being India’s trusted legal partner in defence innovation, aviation excellence, and the future of space exploration.
For specialized legal advice in these sectors, reach out to our team of aviation law specialists, defense contract legal advisors, and aerospace regulatory compliance lawyers. Duke & Baron is the space law firm India needs for tomorrow’s legal challenges – today.