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.