Cybersecurity in international arbitration

Produced in partnership with Charlie Morgan of Herbert Smith Freehills , Jerome Temme of Herbert Smith Freehills and Vanessa Naish of Herbert Smith Freehills

Practice notes

Cybersecurity in international arbitration

Produced in partnership with Charlie Morgan of Herbert Smith Freehills , Jerome Temme of Herbert Smith Freehills and Vanessa Naish of Herbert Smith Freehills

Practice notes

This Practice Note considers cybersecurity in international arbitration.

An introduction to cybercrime and cybersecurity in international arbitration

A single arbitration can involve numerous participants from multiple jurisdictions, including parties, their funders and insurers, arbitrators, counsel, experts, witnesses, an arbitral institution or other administering organisation and third-party service providers (broadly referred to here as 'Participants'). Within the arbitral process, those Participants may share material which is not in the public domain. Access to this material may have the potential to cause commercial damage, influence share prices, corporate strategies or even government policy. The outcome of an arbitration could have significant repercussions in the financial markets. This means that obtaining a draft form of an arbitral award before release to the parties themselves could be very lucrative for cybercriminals. As such, the arbitral process is a target for cyberattacks, particularly if hackers can identify a weak link in the chain of custody.

As the speed and efficiency of arbitration depends on the electronic

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Charlie Morgan

Senior Associate, International Arbitration, Herbert Smith Freehills

Charlie is a senior dispute resolution lawyer specialising in international arbitration. He helps clients effectively and efficiently to resolve complex international disputes across a broad range of jurisdictions.
Charlie is a senior dispute resolution lawyer with a focus on international arbitration. He also co-founded the firm's Digital Law Group.
Charlie has acted as counsel and advocate in ad hoc and institutional arbitrations in a number of jurisdictions and under various governing laws. He has broad experience of advising on international disputes, particularly in the energy and technology sectors.

Jerome Temme

Solicitor (Senior Associate, International Arbitration), Herbert Smith Freehills

Jerome specialises in international arbitration and public international law. He is based in London and has previously spent time in our Paris office and on secondment to a client in the energy sector.

Jerome has experience acting for clients in international disputes under various arbitration rules such as LCIA, ICC, SCC, UNCITRAL and ICSID, as well as in arbitration-related proceedings before the English High Court.

He is qualified as a solicitor in England & Wales and is also a qualified solicitor advocate.

Jerome holds degrees in law and international relations from the University of Oxford and Sciences Po Paris. He speaks German, French and Mandarin.

Vanessa Naish

Solicitor, Herbert Smith Freehills

Vanessa is the Arbitration Practice Manager and a Professional Support Consultant at Herbert Smith Freehills LLP, working with clients and colleagues globally on complex issues relating to arbitration, dispute resolution and the enforcement of arbitral awards and judgments. She also advises on public international law, in particular on state immunity, investment protection and investor-state dispute settlement. Vanessa is an editor of the firm’s arbitration and PIL blogs and an author and editor of various other internal and external publications.

Vanessa also supports the management of Herbert Smith Freehills’ global arbitration practice in business planning and strategy development. Vanessa's particular areas of interest include alternative fee arrangements, difficult legal issues arising out of the complex interactions of multiple laws and arbitral procedure.

Jurisdiction(s):

United Kingdom

Key definition:

security definition

What does security mean?

money deposited to ensure that the defendant attends court;

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