Tech protocol for international arbitration could ‘change future’

The draft protocol, which was released this week for wider consultation, addresses how parties in arbitration can practically and cost-effectively meet their obligations regarding data handling and cybersecurity. It has been drawn up by Hogan Lovells, CMS, Herbert Smith Freehills, Ashurst, DLA Piper and Latham & Watkins. LexisNexis also participated in a private consultation period conducted recently in respect of the protocol. The six firms aim to release a post-consultation draft later this year.

Technology and digitisation in arbitration is changing how dispute resolution practices operate, and arbitral parties are keen to maximise cybersecurity and data protection measures. The protocol will have global application and has therefore been designed to be flexible and take into account all jurisdictions.

Michael Taylor, associate at Hogan Lovells, said: ‘We are delighted to participate in this initiative and to help shape discussions around the role of new technologies in the arbitration process.

‘Dispute resolution is changing at a fast pace, and securing a consistent approach to arbitral procedures and cybersecurity across the industry is vital. This is particularly important now in light of the COVID-19 situation around the world and as flexible working becomes more common.’

Myfanwy Wood, senior international arbitration lawyer at Ashurst, said: ‘This initiative has the ability fundamentally to change the future of arbitration.

‘New technologies have a critical role to play in improving the efficiency, cost-effectiveness, security, transparency and to widen access to the arbitration process. Having an industry-wide protocol to act as a reference point for parties on key issues to consider when adopting new digital case management platforms will accelerate this process significantly.’

The draft ‘Protocol for Online Case Management in International Arbitration’ is available for consultation until 31 August 2020. It can be viewed at: bit.ly/3dMtjQt. Comments should be emailed to platforms.protocol@hsf.com.