Data Protection in Arbitration

The aim of the Working group shall include three key workflows:

1) to monitor the latest trends in the field of development and improvement of effective mechanisms for data protection in international arbitrations;

2) elaborate strategy for implementation of the most universal mechanisms;

3) elaborate recommendations for arbitrators to deal with the issues of data protection in arbitration, should this issue arise.


Work and analysis shall cover the following blocks:

  • Russian data protection and information protection legislation;

  • EU legislation on data protection (GDPR) and potential effect over arbitration (in what cases and to what extent);
  • Physical data protection (cyber security) and elaborate protocol for data protection and information exchange (considering the increasing popularity of cloud services and increase of volume of electronic data;
  • Study and adaptation of [drafts] international protocols and recommendations in the area;
  • Automatisation of data processing and its applicability (optional block). 

The result of the efforts should be preparation of proposals on improving Russian legislation on Ad Hoc arbitration in order to exclude abuses of the principal of good faith in the mentioned sphere).

Action plan:

1. Formation of the Working group (5-7 people);

2. Meetings of the Working group 2-3 times per  year;

3. Making recommendations as necessary;

4. Preparation of an annual report once a year.

Coordinator of the Working group: Dmitry Ivanov, Partner, Morgan Lewis.

Members of the Working group:

Alexander Zamaziy, Arbitration Centre at RSPP 

Alexandra Mirgorodskaya, Associate, DLA Piper

Dmitry Shchetinin, Higher School of Economics 

Ksenia Andreeva, Associate, Morgan Lewis 

Maria Ostashenko, Partner, ALRUD

Olesya Zasemkova, MSAL 


Roman Vlasov, Associate, Lidings

Valentin Kulikov, Arbitration Centre at RSPP 

Victor Radnaev, Counsel, EPAM