In recent years, many arbitral institutions across the world have been adopting new rules regarding, on one hand, the publication of arbitral awards and, on the other hand, data protection. Such topics are commonly intertwined and relate to a new era of transparency in international arbitration. To some extent, the call for more transparency in international arbitration may find limits and constraints in the regulation of data protection across countries. The issue of applicable law to data protection may also play a major role and limit the new policies put in place by arbitral institutions. A single arbitration may be subject to data protection laws from different countries, with different standards and requirements. Is there a role to be played by soft law? This panel will focus on this ongoing debate, with particular attention to the perspective of the arbitral institutions.
• Franco Ferrari, NYU Law
• Eleonora Coelho, CAM-CCBC President, São Paulo
• Christian Leathley, NYU Law, Herbert Smith Freehills, New York
• Daniel Levy, FGV, Enyo Law, London
• Anna Katharina Scheffer da Silveira, LO Baptista, São Paulo