Cybersecurity threats can compromise the arbitral process. No one is immune from Internet hacks and cyber-attacks.
Parties in arbitration expect that the tribunal will take steps to protect exchanges of information from unauthorized access by securing computers and hardware and understanding and implementing recommended data security practices.
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.