Abstract

European data protection law has invited itself into the world of international arbitration through the broadly defined scope of the GDPR, bringing new risks and challenges to the organization of arbitration proceedings by arbitrators and arbitral institutions. This chapter will review the main requirements of the GDPR as they apply in an arbitration as well as the allocation of responsibility for compliance among the arbitration participants, and will focus on the greatest risk to arbitrations raised by the new EU law: whether GDPR non-compliance in an arbitration could lead to refusal of award enforcement on public policy grounds by national courts.