Cybersecurity, defined as “measures taken to protect a computer or computer system against unauthorized access or attack”, is essential to preventing the inadvertent or unauthorized disclosure of the parties’ confidential information in international arbitration. We must remember that no one is immune from Internet hacks and cyber-attacks.
As the circumstances of the arbitral proceedings warrant, the possibility of implementing steps to address issues of cybersecurity and to protect the security of information should be discussed with the tribunal at an early stage.
Every stakeholder has a role to play in promoting the adoption of best cybersecurity practices. Let’s work together to preserve trust and data security in international arbitration.
David Kreider is included on the CPR Institute’s Cyber Panel (New York), consisting of neutrals who are expert in resolving all types of cyber disputes relating to data breaches and other cybersecurity issues, including insurance coverage disputes.