Global Arbitration Review Quotes Justin Williams and Jenny Arlington on Addressing Cybersecurity Concerns in International Arbitration

Global Arbitration Review has quoted Akin Gump international arbitration and dispute resolution partner Justin Williams and counsel Jenny Arlington in the article 'Tribunal challenged over alleged cyber-attack in Brazilian pulp case.' The article reports on a multi-billion dollar International Criminal Court challenge filed earlier this month.

Williams, who co-authored an article with Arlington for GAR last year on practical steps to addressing cybersecurity, said tribunals are 'unlikely to act on mere allegations' of hacking and may not even have jurisdiction to determine them. If allegations are ignored, however, but are ultimately found to be correct, he said 'integrity of the arbitration may be undermined and any award may be set aside on public policy grounds.'

Arlington added that, while hacking appears to be a 'relatively rare problem in international arbitration,' the confidentiality of proceedings means there are likely instances that are not publicized.

Still, she said that arbitration is 'not immune' to the issue, and the consequences of such attacks can be severe. The risks, she added, 'are increasing.'

To read the article that Williams and Arlington wrote in 2020, please click here.