Confidentiality and Data Protection in International Commercial Arbitration: Civil Law Aspects of Digital Risk Management

Abstract

International commercial arbitration increasingly operates within digital environments, generating complex questions about confidentiality obligations and personal data protection under civil law. This research examines how the duty of confidentiality in arbitral proceedings intersects with modern data protection regimes, particularly in contexts shaped by cross-border digital data flows, cloud-based case management, and artificial intelligence-assisted dispute resolution. Using a qualitative doctrinal methodology, the study analyzes international arbitration rules, national civil law frameworks, and data protection legislation, including the GDPR and analogous instruments. The findings reveal that existing confidentiality norms are inadequate to address digital risks such as unauthorized data access, cyber intrusions, and transcoder data transfers. The study concludes that harmonized, technology-sensitive legal standards are urgently needed to ensure that arbitral confidentiality is meaningfully preserved in the digital age and recommends proactive reforms to institutional rules, national statutes, and practitioner guidelines.