Cybersecurity threats in international arbitration: Safeguarding sensitive data

Gandotra, Aditya (2024) Cybersecurity threats in international arbitration: Safeguarding sensitive data. International Arbitration Law Review, 27 (1). ISSN 1367-8272

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Abstract

Advancements in technology have reduced geographical barriers, rendering international arbitration not just efficient but also economically feasible in numerous cases. Without the availability of electronic communication and air travel, conducting hearings, the exchange of pleadings and cross-examining witnesses would be exceedingly challenging if not practically impossible for parties and arbitrators located around the world. This dependence on technology in international arbitration is poised for further growth. Nonetheless, the heightened and continually rising utilisation of technology is not without its associated risks. Recent discussions in the field of international arbitration have been primarily focused on cybersecurity and the safeguarding of data. In today’s technologically advanced era, underscoring the significance of possessing the ability to counter modern cybersecurity risks cannot be overstated. Numerous arbitration cases involve sensitive data, encompassing everything from personal information to politically delicate government data and confidential businessstrategies. However, the cybersecurity measures put in place by tribunals, arbitral institutions, and parties to protect this information are still inadequate. Even though the International Council for Commercial Arbitration-New York City Bar Association-Conflict Prevention and Resolution Protocol (ICCA-NYC Bar-CPR Protocol) on Cybersecurity in International Arbitration demonstrates a significant endeavour from the arbitration community to counteract this pattern, there is still a need for further action and progress.This article proposes essential actions that arbitral institutions should undertake to reduce cybersecurity risks and guarantee the security of data in arbitration proceedings

Item Type: Article
Keywords: Arbitral institutions | Arbitral tribunals | Confidential information | Cybersecurity | Data protection | Guidelines | International arbitration | Sensitive personal data
Subjects: Social Sciences and humanities > Social Sciences > Social Sciences (General)
Social Sciences and humanities > Social Sciences > Law and Legal Studies
JGU School/Centre: Jindal Global Law School
Depositing User: Subhajit Bhattacharjee
Date Deposited: 19 Mar 2024 04:41
Last Modified: 19 Mar 2024 04:41
URI: https://pure.jgu.edu.in/id/eprint/7480

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