Cyber security breaches are now an everyday reality permeating all aspects of business and private life, including the world of international commercial and investment treaty arbitration. These breaches can relate to the subject matter of the dispute, communications between parties and their counsel or between tribunal members, or the website and IT systems of the parties or the arbitral institution, among others. Hanna Roos and Jennifer Archie recently published a note for Practical Law which sets out the circumstances in which a cyber security breach may occur, the necessary tools to conduct a risk assessment and the appropriate safeguards to adopt to prevent a cyber security breach from occurring during an arbitration.
