Cyber security is a hot topic in international arbitration. The
enactment of the EU General Data Protection Regulation (GPDR) and
the Brazilian General Law on Personal Data (LGPD) has brought
attention to the relevance of data protection and its associated
risks. This article addresses the recent actions taken by certain
arbitral institutions and international associations –
worldwide and in Brazil – to bring awareness of data
protection and avoid cyber attacks that could put at risk the
confidentiality of arbitration, one of its most desired
characteristics.
Introduction
Confidentiality is one of the most desired characteristics of
arbitration. In a 2018 survey carried out by London’s Queen
Mary University and White & Case, 96 percent of respondents
confirmed that confidentiality is a key element when choosing
arbitration over other dispute resolution methods. Besides, most
participants stated that confidentiality should be an opt-out
– as opposed to an opt-in –
