Intersecting and Dissecting Confidentiality and Data Protection in Online Arbitration

Abstract

While virtual arbitration proceedings are here to stay, cross-border online arbitration has its own challenges in meeting the duties of confidentiality and data protection. Moving arbitration proceedings into a vital world requires awareness of both duties and the potential conflict between them. Examination of the allocation of duties outlined in the Seoul Protocol, the ICCA Protocol on Cybersecurity and the ICCA/IBA Roadmap on Data Protection in International Arbitration this paper highlights the challenges of electronic document storage, trial presentation, extraterritoriality and data transfers and cybersecurity and data protection which should be brought to the participants’ awareness.