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cybersecurityWhen choosing a dispute resolution mechanism, the list of advantages of arbitration are numerous and varied, ranging from efficiency to flexibility to expertise. No features, however, are as important as the crown jewels of arbitration: confidentiality and privacy. When a dispute is high stakes or touches upon sensitive issues of a personal, business, or even political nature, arbitration is arguably the best dispute resolution tool for preserving the confidentiality and privacy of the proceedings, the information shared, and the outcome. Although confidentiality and privacy are critical features of arbitration, the industry has only recently started to address the cybersecurity risks involved in the creation, collection, retention, and exchange of sensitive information, documents, and communications during the arbitral process. This progress towards cybersecurity maturity in arbitration is long overdue, but a welcome development in an industry where cyber risk is substantial and cyber resilience is imperative.

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