PRACTICE NOTES
Cybersecurity in international arbitration: threats, AI risks, responsibilities, institutional rules and practical measures for parties, counsel, arbitrators, experts and institutions
This Practice Note considers cybersecurity in international arbitration.
An introduction to cybercrime and cybersecurity in international arbitration
A single arbitration may draw in many actors from varied jurisdictions—parties, funders and insurers, arbitrators, counsel, experts, witnesses, the administering arbitral institution or another organising body, plus external service providers—collectively, the ‘Participants’. Within the process, they exchange material that is not publicly available. Unauthorised access could cause commercial harm, sway share prices, reshape corporate strategies or even government policy. The result of a case can reverberate through financial markets; obtaining a draft award before it is issued to the parties could be highly profitable for cyber criminals. Accordingly, the arbitral process is a target for cyber attacks, especially where hackers can locate a weak link in the chain of custody.
Because arbitration’s speed and practicality rely on digital information-sharing among multiple parties, institutions and organisations, on diverse platforms and across jurisdictions, cybersecurity is fundamental to arbitration’s continued viability as the preferred mechanism for resolving cross-border disputes. Accordingly, there is an increasing consensus among...
Arbitration