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Share your feedback on the draft protocol

Send your comments to:
cybersecurity@arbitration-icca.org


Brandon Malone
Working Group Chair



Members

ICCA
Brandon Malone, Scottish Arbitration Centre (Chair)
Paul Cohen, 4-5 Gray's Inn Square Chambers
Kathleen Paisley, Ambos Law

NYC Bar
Mark Morril, Independent Arbitrator
Stephanie Cohen, Independent Arbitrator
Lea Haber Kuck, Skadden, Arps, Slate, Meagher & Flom LLP

CPR
Hagit Elul, Hughes Hubbard & Reed
Olivier André, CPR
Micaela McMurrough, Covington & Burling

Working Group Secretary

Eva Chan, Skadden, Arps, Slate, Meagher & Flom LLP


Cybersecurity in International Arbitration ICCA-NYC Bar-CPR Working Group

ICCA has joined forces with the New York City Bar Association (NYC Bar) and the International Institute for Conflict Prevention and Resolution (CPR) to launch a Working Group on Cybersecurity in Arbitration. The Working Group is preparing a set of guidelines, which will provide practical guidance for counsel, arbitrators, and institutions, and optional protocols that can be adopted by parties to an arbitration.  A consultation paper will be launched at the ICCA Congress in Sydney in April 2018.


News and updates


Draft Cybersecurity Protocol now available online for public consultation

The ICCA-NYC Bar-CPR Working Group on Cybersecurity in International Arbitration is pleased to present a draft of its Cybersecurity Protocol for International Arbitration to the public for consultation. 

The consultative period will last until 31 December 2018. All interested parties are encouraged to provide detailed thoughts and comments on the draft protocol, or to provide general feedback. The Working Group will hold a number of public workshops in different parts of the world to solicit and discuss the views of interested parties. In addition, the Working Group welcomes written comments from interested parties which should be submitted no later than 30 September 2018, to cybersecurity@arbitration-icca.org.

Following the consultation period, the Protocol will be revised, refined, and finalized in accordance with the input and comments received. After that time, the Working Group anticipates that there will be an ongoing review and revision process, as cybersecurity issues will evolve with changing technology, new cyber threats, changing laws and regulatory schemes, and emerging consensus as to best practices.

In anticipation of the public consultation, which the Working Group anticipates will include input from a variety of sources with differing views, the draft Protocol refrains in Schedule A from offering specific cybersecurity measures for possible inclusion in arbitration agreements or procedural orders. Instead the Protocol suggests a procedural framework for developing specific cybersecurity measures within the context of individual cases,recognizing that what constitutes reasonable cybersecurity measures will vary from case-to-case based on a multitude of factors. Depending on the feedback received, the final Protocol may or may not include such proposed measures in Schedule A.

The draft is available here.


ICCA launches Working Group on Cybersecurity in Arbitration


ICCA is pleased to announce that we will be joining forces with the New York City Bar Association and the CPR Institute to launch a Working Group on Cybersecurity in International Arbitration. 


The ICCA-NYC Bar-CPR Working Group on Cybersecurity in International Arbitration is a project dedicated to addressing the need for cybersecurity in arbitral practice and establishing voluntary cybersecurity protocols for use in international arbitral proceedings. The Working Group will consider the possible impact of cybersecurity breaches on the system of international arbitration, as well as current practice and existing duties. The Members will then prepare a set of guidelines, which will provide practical guidance for counsel, arbitrators, and institutions, as well as optional protocols that can be adopted by parties to an arbitration. 


The project is chaired by Brandon Malone, Chairman of the Scottish Arbitration Centre and the principal of niche commercial disputes practice, Brandon Malone & Company. The Working Group is further made up of an impressive group of practitioners and arbitrators: Olivier Andre (CPR), Paul Cohen (4-5 Gray's Inn Square Chambers), Stephanie Cohen (Independent arbitrator), Hagit Elul (Hughes Hubbard & Reed), Lea Haber Kuck (Skadden, Arps, Slate, Meagher & Flom LLP), Micaela McMurrough (Covington & Burling), Mark Morril (Independent arbitrator) and Kathleen Paisley (Ambos Law).


Asked about the launch of this Working Group, Project Chair Brandon Malone commented: "Cyber-attacks are a clear and growing danger to the integrity of our system in international arbitration. Poor cybersecurity can result in confidential information being obtained and used inappropriately, in denial of service attacks disrupting the process, in regulatory breaches, and in reputation damage to disputing parties, individual arbitrators, institutions, and to the system of arbitration itself.  Despite these risks, awareness of cybersecurity threats, and the practice of individual participants in the arbitration process varies widely.  There is a clear need for guidance to help those involved in arbitration to identify the risks, and take appropriate steps so as to maintain confidence in the system.  We have been working with the New York Bar Association and CPR Institute for some time now, devising an outline plan to address these issues, and we look forward to launching draft guidance and protocols for consultation at ICCA 2018 in Sydney."

The Working Group will present a consultation paper at the 24th ICCA Congress in Sydney, Australia. The Congress will be held from 15-18 April 2018.