Comparative Legal Analysis of Civil Liability for Cybersecurity Violations by Participants in International Commercial Arbitration
Abstract
This study examines the civil liability of participants in international commercial arbitration arising from cybersecurity violations. As arbitration proceedings increasingly migrate to digital platforms, they become vulnerable to cyber threats, including data breaches, unauthorized access, and ransomware attacks. The research applies a comparative legal methodology, analyzing frameworks from the European Union, the United States, the United Kingdom, and selected Asian jurisdictions. The findings reveal that existing arbitration rules and national laws inadequately address cybersecurity liability, creating enforcement gaps and accountability ambiguities. The study identifies three primary liability categories: institutional, arbitrator, and party and counsel liability, each governed by distinct legal standards. The analysis demonstrates that harmonized international standards are essential for effective regulation. The study concludes by recommending the adoption of cybersecurity-specific provisions within major arbitral institutions' rules and the development of a model international convention on arbitration cybersecurity liability.