The Sedona Conference and its Working Group 6 on International Electronic Information Management, Discovery, and Disclosure (WG6) are pleased to announce that Principles for International Arbitration (“Principles”) has been published for public comment.
Principles addresses the secure processing, review, and disclosure of data—particularly personal or other protected data—in the specific context of document disclosure in international arbitration. The purpose of Principles is to suggest a reasonable and proportional approach to the use and protection of data in international arbitration that: (1) respects the data protection and privacy rights of relevant data subjects while at the same time recognizing the due process rights of the arbitral participants, including the right of parties to adduce evidence material to resolution of the matter; and (2) ensures reasonable and good-faith compliance with data protection laws, while at the same time respecting the quasi-judicial role of international arbitration and ensuring that arbitral proceedings are not unduly hindered.
The focus of Principles is on the cross-border data transfer aspects of international arbitration. By adopting the suggested approach and striking the appropriate balance, participants in international arbitration can mitigate potential conflicts with privacy laws and regulations in the context of cross-border data transfers during international arbitration proceedings.
The Commentary is open for public comment through July 7, 2025. Questions and comments may be sent to [email protected]. The drafting team will carefully consider all comments received, and determine what edits are appropriate for the final version. |
