Confidentiality and Cybersecurity in Online Dispute Resolution

Since the COVID-19 pandemic emerged, Disputing blog has worked to synthesize guidance documents from a variety of sources including the AAA, CIArb, CPR, Hogan Lovells, the ICC, and the Seoul Protocol to provide readers with a comprehensive list of best practices for online dispute resolution.  This update highlights some additional resources that may be useful for mediators, arbitrators, and other dispute resolution professionals.

The AAA/ICDR Guidance on Zoom Mediations contains a detailed list of recommended Zoom videoconferencing settings that should be used to help users establish control and maintain confidentiality.  The document also addresses how to optimize the virtual mediation experience and includes a discussion regarding whether to record the online session.

Because cybersecurity is a fundamental part of maintaining confidentiality when conducting mediations or arbitral hearings online, the ICCA-NYC-Bar Cybersecurity Protocol was published to provide dispute resolution professionals with the following:

First, the Protocol is intended to provide a framework to determine reasonable information security measures for individual arbitration matters. That framework includes procedural and practical guidance to assess security risks and identify available measures that may be implemented.

Second, the Protocol is intended to increase awareness about information security in international arbitrations. This includes awareness of: (i) information security risks in the arbitral process, which include both cybersecurity and physical security risks; (ii) the importance of information security to maintaining user confidence in the overall arbitral regime; (iii) the essential role played by individuals involved in the arbitration in effective risk mitigation; and (iv) some of the readily accessible information security measures available to improve everyday security practices.

Additionally, a “Roadmap to Data Protection in International Arbitration Proceedings” is forthcoming from the ICCA/IBA Joint Task Force on Data Protection in International Arbitration Proceedings. The deadline for comments on the consultation draft is June 30^th.

If you would like to discuss virtual arbitration or mediation further, do not hesitate to contact Karl’s scheduling team at (512) 345-8537. Additional information on the procedures Karl utilizes for online dispute resolution may be found here.

Disputing blog would like to sincerely thank Mark C. Morril of MorrilADR for providing us with information regarding this additional guidance.

Photo by: Clint Patterson on Unsplash