The NIS 2 Directive on Cybersecurity and International Arbitration

Abstract

The use of technology in international arbitration has gained traction in recent years. The use of technology in international arbitration has gained traction in recent years. In this context, the European Union (EU) has enacted a new directive briefly referred to as the NIS 2 Directive for cybersecurity, which provides for stricter requirements and introduces severe fines. This article analyses the scope of the NIS 2 Directive and discusses its applicability to the arbitration practice including law firms, arbitral institutions, and lawyers who practice arbitration as sole practitioners. The article then discusses the consequences of non-compliance with the obligations set forth under the directive. It suggests measures practitioners and organisations involved in international arbitration may want to adopt.

Keywords: Cybersecurity, arbitration, essential entity, important entity, NIS 2 Directive