Arbitration and Cybersecurity in the Virtual Age

As part of ICCA’s 60th Anniversary celebrations, we are pleased to invite you to attend a webinar on Arbitration and Cybersecurity in the Virtual Age. The webinar will take place on Wednesday 29 September at 14:00 (CEST) and will be hosted by Brandon Malone, chair of the ICCA-NYC Bar-CPR Working Group on Cybersecurity in International Arbitration.

With the arrival of the Covid pandemic, international arbitration has changed irreversibly, pushed into the virtual world. Online arbitration has a number of advantages, but of course an increase in online activity goes hand in hand with the increased possibility of cyberattack. Our expert panel will consider these threats and the best ways to address them.

On the panel will be the following members of the Cybersecurity Working Group:

• Brandon Malone, Scottish Arbitration Centre, Brandon Malone & Company
• Stephanie Cohen, Cohen Arbitration
• Hagit Muriel Elul, Hughes Hubbard & Reed LLP
• Lea Haber Kuck, Skadden
• Mark Morril, Morril ADR
• Kathleen Paisley, Ambos

Brandon is looking forward to discussing Cybersecurity in today’s climate with the panellists. He says “It is now over three years since we launched our consultation on cybersecurity in international arbitration at ICCA 2018 in Sydney. No one could have predicted the extent to which the arbitration community has had to adapt to new ways of working. This webinar will allow an opportunity to reflect on changes to practice, recent cyber incidents, and the operation of the ICCA – New York City Bar – CPR Institute Protocol on Cybersecurity in International Arbitration.”

Meet the Panellists

Brandon Malone

Brandon Malone is a leading Scottish arbitration lawyer with almost thirty years of experience in commercial litigation and ADR. He is an arbitrator with Arbitra International, and a barrister and door tenant at Quadrant Chambers, London. He has particular expertise in construction and engineering projects, and obtained a masters degree in construction law in 1999.  Brandon has extensive experience of sitting as an arbitrator and as an adjudicator on major construction and engineering projects for Adjudicator Nominating Bodies including RICS, CIC, and CIArb. Brandon has been admitted to the arbitrator rosters of many arbitral institutions, including AAA/ICDR, SIAC, CIETAC, and DIAC.  He is also an RICS Accredited and IMI Qualified mediator. Brandon proposed and initiated the ICCA-NYC Bar-CPR Protocol on Cybersecurity in International Arbitration and chairs the Working Group which produced it. Brandon is Congress Chair of the XXVth ICCA Congress to be held in Edinburgh in 2022.

Lea Haber Kuck

Lea Haber Kuck is a partner at Skadden, Arps, Slate, Meagher & Flom LLP where she concentrates her practice on the resolution of complex commercial disputes arising out of international business transactions. She appears for clients in federal and state trial and appellate courts in the United States, as well as in international and domestic arbitrations. She is a member of the ICCA-NYC Bar-CPR Working Group on Cybersecurity in International Arbitration. She is also the Co-Chair of the Organizing Committee for New York Arbitration Week 2021 and the Chair of the Arbitration Committee of the New York City Bar Association.

Mark Morril

Mark Morril is an independent arbitrator and mediator in New York City.   His experience covers a wide range of complex commercial disputes, including those concerning transactions and post-closing adjustments, insurance coverage, distribution agreements, joint ventures and partnerships, intellectual property, entertainment and media, technology, telecom and energy.   He is experienced in the major institutional rules and as an ad hoc arbitrator.  He has been designated to a number of specialty panels on institutional rosters, including the Large and Complex Commercial Disputes and Master Mediator Panels of the AAA/ICDR and the General Counsel, Deal Facilitation and Employment Disputes Panels of CPR.  

Kathleen Paisley

Kathleen Paisley is a recognised international arbitrator of commercial and investor-State disputes with significant experience under all the major international arbitration rules. Ms. Paisley is a member of the ICCA-NYC Bar-CPR working group on Cybersecurity in Arbitration and the Sedona Conference Drafting Committee on arbitration, she Co-chairs both the ICCA-IBA Joint Task Force for Data Protection in Arbitration, and the AAA/ICDR Global Working Group on Arbitration of Technology and Life Sciences Disputes, as well as being a member of the ICCA-ASIL Damages Task Force (quantification),  the ICC Task Force on ADR and Arbitration, and the Steering Committee of the IMI/CCA/Straus Mixed Mode International Task Force.

Stephanie Cohen

Stephanie Cohen is a Canadian arbitrator of international and domestic commercial disputes, based in New York City. She is admitted to practice law in New York and Ontario, Canada. Stephanie has nearly 20 years of experience specialized in the arbitration of complex commercial disputes. Since 2012, she has practiced exclusively as an arbitrator, serving as tribunal chair, sole arbitrator, and co-arbitrator, with arbitrator appointments under the ICC, ICDR, UNCITRAL, Society of Maritime Arbitrators, and AAA Commercial rules. She has also served as emergency arbitrator for the ICC and ICDR, and is among the first thirty emergency arbitrators appointed by the ICC. Prior to establishing her practice as an arbitrator, Stephanie was Counsel at White & Case LLP in New York, where she was a member of the Firm's pre-eminent international arbitration practice.

Hagit Muriel Elul

Hagit Muriel Elul is Co-Chair of Hughes Hubbard’s Arbitration practice group and is a New York-based partner practicing in the fields of business dispute resolution. She handles high-stakes international arbitration and cross-border litigation involving pharmaceutical, intellectual property, energy, construction and commercial contracts. Her clients are based globally in Asia, Europe, and Latin America. Hagit’s experience handling complex international arbitrations has earned her recognition as a leading practitioner of commercial dispute resolution, with sources noting that Hagit ‘thinks ten steps ahead’ and ‘combines exceptional command of forensic detail, with first-class presentation and cross-examination skills.’

Additional information:

• Please do not record the webinar. The webinar will be recorded and made publicly available at a later date, which in some circumstances may allow you to be identified, such as if you submit a written question and the organiser refers to you by name. It is possible that this may result in the processing of your personal data within the meaning of data protection legislation (such as the EU General Data Protection Regulation). You can avoid this processing by asking that your question be posed anonymously (for questions submitted before the webinar) or by joining the webinar using a pseudonym (for questions submitted via the Q&A or chat function). Any processing that does take place will be necessary for the legitimate interests of ICCA in allowing audience interaction by allowing participants to be identified unless they do not want to be.
• Please do not share the Zoom access link with non-registered people, this link is personal to you.
• During the webinar, participants may be able to see the usernames of other participants. Although the organisers expect that participants will want to use their actual name and affiliation as a username (e.g. Lucy Burns, ICCA Bureau), this is not mandatory and you can join using a pseudonym if you wish.
• If your registration for the webinar has been confirmed but you are unable to attend, please cancel your participation to allow someone else to attend in your place.