Research Information System
International Arbitration Law Review, vol.25, no.1, pp.46-65, 2022 (Scopus)
© 2022, Thomson Reuters. All rights reserved.Not so long ago, cyber-attacks were rare and mainly targeted “large game” entities, such as corporations, international organisations, and governmental and non-governmental institutions. After the hacking of both the Permanent Court of Arbitration website in 2015 and the Mossack Fonseca law firm in 2016, it became clear that neither arbitral proceedings and their stakeholders nor law firms are immune to cybercrimes. Considering the high worth and high stakes nature of disputes often referred to arbitration and the increasingly digitalised arbitration landscape, the rate of cyber-attacks targeting arbitral proceedings will predictably increase. Action must therefore be taken to bolster cybersecurity to preserve the integrity and legitimacy of the arbitral system. At the crux of this need, however, is who should be at the forefront in devising strategies to avert or mitigate cyber risks. This article explores why arbitral actors feel cybersecurity anxiety and why cybersecurity matters in the arbitral field. A comparison is then drawn between arbitral tribunals and institutions as to their respective competence in taking the lead on cybersecurity. The article ultimately concludes that the most effective way to tackle cyber risks in arbitration is an institutional lead that will contribute to the elevation of cyber literacy and the spread of risk awareness across the arbitral spectrum.