Breaking Arbitration Committee News: The Working Group on Cybersecurity in International Arbitration—consisting of the International Council for Commercial Arbitration (ICCA), the International Institute for Conflict Prevention and Resolution (CPR) and the New York City Bar Association—has released a Draft Cybersecurity Protocol for International Arbitration (the “Protocol”). The CPR representatives on the Working Group include Olivier André (CPR), Arbitration Committee Co-Chair Hagit Elul of Hughes Hubbard & Reed and Micaela McMurrough of Covington & Burling LLP. The protocol is now open for public review and comment HERE. The consultative period will last until 31 December 2018 and feedback should be sent to email@example.com.
The Arbitration Committee, CPR’s largest, is a resource for corporate counsel, lawyers, academics and practitioners seeking rigorous analysis of issues related to improving the quality of domestic and international arbitration. The Committee recently released the comprehensive new resource, CPR Corporate Counsel Manual for Cross-Border Dispute Resolution, a must have resource for in-house counsel drafting and managing cross-border negotiations, mediations, expert determinations, dispute boards and international commercial and investment arbitrations, now available in our store.
The Committee regularly reviews and revises CPR’s administered and non-administered rules for arbitration in domestic as well as international contexts. Past work products of the Arbitration Committee include the Guidelines for Arbitrators Conducting Complex Arbitrations, CPR Protocol on the Determination of Damages in Arbitration, CPR Guidelines on Early Disposition of Issues in Arbitration and Protocol on Disclosure of Documents and Presentation of Witnesses in Commercial Arbitration. The Arbitration Committee recently revised CPR’s domestic and international Non-Administered Arbitration Rules and added numerous provisions, including provisions on consolidation and joinder, cybersecurity and the innovative Young Lawyer Rule, which was nominated for the 2018 GAR Award for Innovation.
The Chair of this Committee is Hagit Elul of Hughes Hubbard & Reed LLP and Vice Chairs are Felix Weinacht of Deutsche Bank and Jennifer Glasser of White & Case LLP.
Recent Committee Activity:
In November 2017, the International Council on Commercial Arbitration (ICCA), CPR and the New York City Bar Association have joined forces to create a Working Group on cybersecurity in international arbitration. The ICCA-NYC Bar-CPR Working Group on Cybersecurity in International Arbitration is a project dedicated to addressing the need for cybersecurity in arbitral practice and establishing voluntary cybersecurity protocols for use in international arbitral proceedings. The Working Group will consider the possible impact of cybersecurity breaches on the system of international arbitration, as well as current practice and existing duties. The Members will then prepare a set of guidelines, which will provide practical guidance for counsel, arbitrators, and institutions, as well as optional protocols that can be adopted by parties to an arbitration.
The project is chaired by Brandon Malone, Chairman of the Scottish Arbitration Centre and the principal of niche commercial disputes practice, Brandon Malone & Company. The Working Group is further made up of an impressive group of practitioners and arbitrators: Olivier André (CPR), Paul Cohen (4-5 Gray's Inn Square Chambers), Stephanie Cohen (Independent arbitrator), Hagit Elul (Hughes Hubbard & Reed), Lea Haber Kuck (Skadden, Arps, Slate, Meagher & Flom LLP), Micaela McMurrough (Covington & Burling), Mark Morril (Independent arbitrator) and Kathleen Paisley (Ambos Law). To assist with this project, CPR has assembled a Cybersecurity Task Force of law firm and corporate member representatives with extensive experience in cybersecurity issues.
On July 18, 2016, the Arbitration Committee held a panel which focused on the impact of Brexit on cross-border arbitration and litigation involving the UK. It was moderated by Jean-Claude Najar (France) of Lazareff Le Bars, and featured Tim Hardy (UK) of CMS Cameron McKenna LLP, Vanessa Alarcon Duvanel (Switzerland) of White & Case LLP, and Clifford J. Hendel (Spain) of Araoz & Rueda Abogados, S.L.P. The video of this panel is now available as a webinar to view for members by accessing "Members Only Content" in the sidebar.
In the CPR Members-Only section in the sidebar, CPR members will find committee meeting notes, as well as several valuable resources.