The IBA published the new rules on cybersecurity and data protection for evidentiary practice in international arbitration

The IBA rules are the ideal standard applicable by arbitration tribunals in procedural matters within an arbitration that is between two non-national parties, natural or legal persons. These have a procedural standard that will be complemented by the product of the debates that the move towards the digital world has generated: the issue of cybersecurity and data protection.

It is enough to do a non-extensive search of both topics and the debate around them in the most recognized blog specialized in arbitration worldwide, Wolters Kluwer Blog, to recognize that the arbitration community, including arbitrators and litigants, has been able to correctly problematize the issue that involves the handling of information and the security with which it is guarded.

As a result of this trend, the 2020 working group published the revised document of the Rules on the taking of evidence in international arbitration, in which a synthesis of the problems already raised is made, in addition to pronouncing on the audiences online courses and provisions that allow courts to exclude illegally obtained evidence (through data breaches, for example).

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Elijah Casanova
Last year law student at the Universidad del Pacífico. With an interest in technology, business and law. New technologies are our letter to the future.


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