Cybersecurity, International Arbitration and the Ethical Rules and Obligations Governing the Conduct of Lawyers: A Comparative Analysis

Abstract

This paper provides an overview of the ethical rules and obligations established by the bar associations of France, Germany, Switzerland, Russia, United States, and United Kingdom in the context of the ever-increasing cybersecurity threats to sensitive client data. In the international arbitration domain, we argue, these threats are even more serious, while determining which domestic ethical rules and obligations apply is far from straightforward. Hence, we also endeavor to distill our comparative analysis of the domestic ethical rules and obligations into an “international minimum standard” of cybersecurity in international arbitration.

Keywords: Cybersecurity; arbitration; code of ethics; professional responsibility; Swiss law; German law; French law; Russian law; US law; British law; comparative analysis