Remote Arbitration Best Practices: Security and Confidentiality

Disputing is synthesizing guidance documents from the AAA, CIArb, CPR, Hogan Lovells, and the ICC, as well as the Seoul Protocol, to provide a comprehensive list of best practices for remote arbitration. The series started with a post on technology best practices.

Today’s post focuses on security and confidentiality best practices for using video conferencing and file sharing services:

• Virtual proceedings should have a unique meeting identifier on the video conferencing platform, rather than an ID that is used more than once. The virtual proceeding should be password protected and the password should be distributed separately from the meeting invitation.
• Participants shall use secure internet connections, such as a wired network connection or a secured Wi-Fi network. Participants can also utilize a virtual private network. Wired networks are recommended over Wi-Fi connections because wired connections offer a more reliable connection. Public Wi-Fi connections should be avoided.
• All participants shall be disclosed prior to the virtual proceeding. Only disclosed participants will be invited to the proceeding and will be allowed access. Video conferencing platforms have multiple tools to ensure only authorized participants are allowed in a virtual meeting, including waiting rooms and the ability to lock a meeting once all authorized participants have joined.
• The parties and the tribunal must decide whether the proceeding will be recorded and designate an individual to record the proceeding. No other participant may take a recording or screenshot of the proceeding.
• The parties should agree on a secure document sharing platform for the distribution of exhibits and other electronic documentation.
• The parties should consider the level of encryption offered by video conferencing and document sharing platforms before choosing an appropriate platform.
• Ultimately, the parties, counsel, and tribunal must do due diligence to ensure that any platform used for the virtual arbitration offers sufficient security and confidentiality protections.

If you would like to discuss remote arbitration further, please contact Karl’s scheduling team at (512) 345-8537. Information on the technology, security, and confidentiality procedures for online dispute resolution used by Karl can be found here.

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