"Business as usual" during an unprecedented time - the issues of data protection and cybersecurity in international arbitration

Citation

Yu H (2020) "Business as usual" during an unprecedented time - the issues of data protection and cybersecurity in international arbitration. Contemporary Asia Arbitration Journal, 13 (1), pp. 45-66.

Abstract
First paragraph: COVID-19 brought the world to a standstill. Following the UK Parliament’s introduction of the Coronavirus Act 2020 on 25 March 2020, it is evident that the UK Courts and Tribunals Service (HMCTS) has significantly reduced its operation and is also carrying out remote proceedings during the lockdown. Section 55 and Schedule 25 of the Act stipulate the temporary measures for public participation in court proceedings by video or audio. At the time of writing, in line with public health advice, HMCTS has announced further measures to maintain the safety of all in the courts. The current measures include: observing social distance, avoiding gatherings, consolidating the work of courts and tribunals into fewer buildings, avoiding physical hearings, using telephone and video / remote hearings wherever possible. These measures see the HMCTS covering “urgent work” only and operating remote hearings. As a result, the delivery of civil justice operates in a much-reduced capacity in all courts, in particular in the Magistrates’ Courts, the County Courts, the High Court, and the Court of Appeal in England and Wales, as well as the Sheriff Courts, the Sheriff Appeal Court and the Court of Session in Scotland.

Keywords
international arbitration; remote hearings and meetings; confidentiality; data protection; cybersecurity; the Seoul Protocol; the Cybersecurity Protocol; the ICCA/IBA Joint Task Force’s Roadmap on Data Protection; data controller; joint controller; data processor

Journal
Contemporary Asia Arbitration Journal: Volume 13, Issue 1

People

Professor Hong-Lin Yu

Professor, Law