Cybercrime has become a regular feature of global news. The question is not if another attack will happen, but when. Prominent examples include the leak of millions of attorney-client documents from law firms Appleby and Mossack Fonseca, and the “Petya” attack, which brought DLA Piper’s system to a standstill.
Arbitration is also at risk. Parties, arbitrators, counsel, and institutions may be compromised, and the consequences could be serious for the target and the arbitral community as a whole. We explore the risks and consequences in our article, Is our imagination failing us? Call for cybersecurity guidelines in international arbitration.
As the first measure, we advocate a documented assessment of cybersecurity risks at the outset of each arbitration. A bespoke audit helps to avoid both an inadequate cyber security system and a more expensive and complicated system than is necessary. For a checklist of cybersecurity risks to consider at the beginning of an arbitration, see our Practice note, Cybersecurity issues in arbitration: Cybersecurity checklist.