Confidentiality and Data Protection in International Arbitration

In this era of “big data” it is increasingly complex for international businesses to navigate the challenge of storing, processing, sharing, and analysing their data. Indeed, today’s businesses generate and exchange greater and greater volumes and variety of data, at an ever-increasing velocity. In international arbitrations, parties, their counsel, and even arbitrators and arbitral institutions, face amplified risks of exposing data either unnecessarily, or in violation of confidentiality or data protection obligations that stem from the parties’ agreements, applicable procedural rules, and/or applicable national laws.

Read the white paper ‘Checking the Boxes: Confidentiality and Data Protection in International Arbitration’ to learn more about:

  • What is the duty of confidentiality in international arbitration?
  • How can data protection best practices be integrated into international arbitration to preserve confidentiality and serve other important business goals?
  • Confidentiality and data protection requirements
  • Jurisdictions and arbitral institutions in the spotlight

This white paper provides key insights for arbitration practitioners who are increasingly exposed to and find themselves handling large volumes of client data. It focuses on confidentiality and data protection requirements, and highlights the approaches adopted by several key jurisdictions and arbitral institutions.

Jurisdictions and arbitral institutions

Jurisdictions and arbitral institutions in the spotlight include: Belgium, France, Germany, Italy, the Netherlands, and the United Kingdom; as well as the Belgian Centre for Arbitration and Mediation (CEPANI), the German Arbitration Institute (DIS), International Court of Arbitration of the International Chamber of Commerce (ICC), the London Court of International Arbitration (LCIA), and the Netherlands Arbitration Institute (NAI).

Contents of the white paper

  • Big Data, Bigger Problems?
  • An Introduction to Confidentiality in International Arbitration
  • Important Considerations on Confidentiality in International Arbitration
  • Practical Guidance on Confidentiality in International Arbitration
  • Confidentiality in International Arbitration: Jurisdictions and Arbitral Institutions in the Spotlight
  • Data Protection: An Emerging Concern for International Arbitrations in a Digitised Era
  • Data Protection in International Arbitration: Important Considerations
  • Data Protection in International Arbitration: Jurisdictions and Arbitral Institutions in the Spotlight
  • Concluding Remarks
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Written and edited by experts:

Practical Insights on Confidentiality and on Data Protection in International Arbitration

 

This white paper draws on Practical Insights on Confidentiality in International Arbitration, by Katie Chung, Partner in the Singapore office of Norton Rose Fulbright, and on Practical Insights on Data Protection in International Arbitration, by a multi-jurisdictional team at Linklaters. The full content, which is updated annually, consists of additional practical guidance as well as 30 comparative notes, which detail the approaches to these topics in international arbitration, as adopted by 15 different national jurisdictions and 15 different arbitral institutions. Nearly 50 distinct topics are covered in Kluwer Arbitration’s Practical Insights by Topic tool.

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