Published 17 February 2022
Abstract
Cyberattacks are becoming an imminent threat to the arbitration community including law firms, arbitrators, and arbitration institutions. Attacks targeted at legal practitioners as well as service providers distract and severely undermine the course of legal proceedings. This article aims to analyze how cyberattacks affect arbitration proceedings, law firms, and arbitration institutions by looking at cases and recent events. It considers the complex evidential issues arising out of cyberbreach and argues that hacked evidence can be considered as unlawfully obtained evidence leading to its inadmissibility, the disqualification of arbitrators and later issues in enforcement proceedings whilst also tainting the entire arbitration process. Finally, the article aims to draw lessons from recent incidents by advising stakeholders to take preventative measures before, during, and after the proceedings by introducing a template procedural order to be used in arbitration proceedings.
To read this article you need to be a subscriber
Subscribe
Fill in the registration form and answer a few simple questions to receive a quote.
Subscribe now
Suggested Citation
C.C. Kadioglu Kumtepe; J. Evans; S. Nappert (2022, forthcoming) "The Consequences of Cyberattacks in International Arbitration and Prevention Methods"
(TDM, ISSN 1875-4120) February 2022, www.transnational-dispute-management.com
Other recently published material:
The 'Jurisdiction-Admissibility' Dichotomy in Multi-Tier Dispute Resolution Clauses: Why the decisions in Sierra Leone and C v. D are Lighthouses for India and other Jurisdictions
22 April 2022
Summary of Young-OGEMID Hot Topic Discussion No. 1: "Investment Issues and Economic Sanctions Following Russian Aggression in Ukraine (March 2022)"
5 April 2022
Summary of Young-OGEMID Symposium No. 13: "Effective Legal Writing: Written Submissions in International Arbitration (October 2021)"
8 March 2022
Islamic Finance in OIC Countries and Sustainability
23 February 2022
Young-OGEMID Author Interview Professor Luke Nottage - International Commercial and Investor-State Arbitration: Australia and Japan in Regional and Global Contexts (Elgar 2021)
23 February 2022
Complete listing of Advance publication.