Latham & Watkins has collaborated with law firms Herbert Smith Freehills, Ashurst, CMS, DLA Piper, and Hogan Lovells to develop an industry-first protocol designed to deliver a globally consistent approach to the use of online case management platforms.
In the absence of universal guidance on applying new technologies in international arbitration, the protocol aims to remove the confusion arbitral participants face about how they can practically – and cost effectively – meet data handling and cyber security obligations, and share documents securely.
The protocol covers commercial and investment arbitration as well as institutional and ad hoc arbitrations, and will act as guidance for parties to an arbitration, their lawyers, tribunal members, and arbitral institutions. It will also aid technology developers and providers to tailor their solutions and ensure their products are built for purpose.
“Given the changes to working practices brought about by the pandemic, the increasing complexity of data regulation and security, and the ever-growing demand for efficiency in arbitral proceedings – the publication of the final Protocol could not be more timely or significant,” said Bryce Williams, international arbitration associate at Latham & Watkins and member of the Protocol working group, “the Protocol addresses each of these challenges head-on, and provides clear and practical guidance to participants in arbitral proceedings across jurisdictions, industries and institutions."
“We are sincerely grateful for the positive engagement from the arbitration community in the consultation process, which has strengthened an already robust and comprehensive resource on online case management into what we anticipate will be an enduring reference point for all stakeholders.”
To obtain a copy of the Protocol, click here.