A Call to Cyberarms: The International Arbitrator's Duty to Avoid Digital Intrusion

40 Fordham International Law Journal 981 (2017,) Republished in Transnational Dispute Management, Vol. 16, Issue 3, May 2019

April 1, 2017

An examination of cybersecurity threats to the international arbitration process, including consideration of the arbitrator's duty to take reasonable measures to preserve the integrity of the process, discussion of measures arbitrators might adopt, and consideration of ways in which participants in the arbitral process should collaborate to avoid intrusion.
This article posits that as the presiding actor in an international arbitration, the arbitrator has a front-line duty to avoid cyberintrusion into the process and that the nature and scope of the arbitrator's duty depends upon a risk analysis and is bounded by reasonableness.