2018 – Culture in International Arbitration – 17th International Arbitration Congress

Young practitioners forum

Panel I: Cybersecurity in International Arbitration

Moderator: Ricardo de Carvalho Aprigliano

Speakers: Ana Carolina Dall’Agnol, Filipe Greco De Marco Leite, Luíza Kömel, Marie-Isabelle Barretto Delleur and Patrícia Sá Moreira de Figueiredo Ferraz

• Do the parties expect that arbitration institutions and other parties to the arbitration and/or mediation will take cybersecurity measures to safeguard digital information against unauthorized access and disclosure? Is this true in both domestic and international cases?
• Should arbitral institutions expressly require parties, counsel and arbitrators to implement reasonable measures to prevent intrusion?
• Should arbitrators disclose their data security practices to parties and counsel?
• Should arbitral institutions develop secure shared platforms for the storage and transmission of data that would be available to the parties?
• Should professional organizations develop cybersecurity checklists or guidance notes for arbitrators, counsel and other participants?
• The Draft Cybersecurity Protocol for International Arbitration – Consultation Draft (ICCA, CPR and New York Bar Association) – suggests a procedural framework for developing specific cybersecurity measures in individual cases, rather than suggesting specific measures. Is this the best way forward?
• Cybersecurity in Practice. How are security protocols implemented for the storage and transfer of confidential/sensitive information?
• Cybersecurity breaches. Establishing a process for reporting attacks and correcting or mitigating them. PCA case.

Coffee Break

Panel II: The Arbitrator and the Decision-Making Process

Moderator: Rafael Peteffi da Silva

• What are the appropriate standards for assessing an arbitrator’s conduct: (i) evident bias; (ii) the impression of possible bias; justifiable doubts?
  Speaker:Berardino Di Vecchia Neto

• Can diversity in the Arbitral Tribunal help prevent false consensus or an appearance of bias caused by repeated appointments? Speaker: Lenora Hage Santos Bento de Faria 

• Does the incentive to issue an award that reconciles the parties’ positions or a Solomonic decision really exist in commercial arbitration and investment arbitration? Is the aversion to extreme decisions a reality?
  Speaker: Juan Felipe Merizalde Urdaneta

• Are arbitrators under the influence of anchoring effects and inadmissible evidence?
  Speaker: Felipe Vollbrecht Sperandio

• Are arbitrators vulnerable to hindsight bias? Speaker: Gloria M. Alvarez

Break

Opening Lecture: Culture in international arbitration: definition and relevance.

Speaker:Gary B. Born