Mediation & Arbitration for Technology, Cybersecurity and Privacy Disputes
In a technology dispute, understanding the facts may require more than reading the contract.
A software dispute may turn on architecture, scope or integration. A cybersecurity incident may raise questions about responsibility between a customer, supplier and cloud provider. A privacy dispute may involve contractual obligations, controller and processor roles, security measures or use of data.
When the person managing the process understands the professional context, more time can be spent on the actual disagreement and less on explaining the basics.
I combine legal training with senior professional and executive experience in cybersecurity, information security, privacy and technology.
Call 054-2591002
Areas of dispute
Software development and IT projects
Requirements, scope, change requests, integration, delays, acceptance, performance, defects and payment.
SaaS and cloud services
Availability, SLA, responsibility, data access, termination, transition, pricing and security obligations.
Cybersecurity incidents
Allocation of responsibility, contractual security obligations, incident response, remediation and supplier relationships.
Privacy and data protection
Use, transfer, deletion and security of personal information, DPA obligations and allocation of roles and responsibilities.
Intellectual property
Rights in code, deliverables, know-how, licensing, digital assets, ownership of development work and post-termination use.
Technology founders and shareholders
IP, vesting, options, system access, customers, funding and separation.
Why subject-matter familiarity matters
A mediator or arbitrator should not replace a technical expert where expert evidence is required.
There is, however, a meaningful difference between a process in which every basic term needs to be explained and one in which the discussion can start with the real dispute.
Technology and cyber familiarity can help:
- understand the structure of the systems and commercial relationship;
- distinguish technical issues from contractual issues;
- identify where the parties are using the same terminology differently;
- ask more focused questions;
- understand the operational consequences of possible solutions;
- manage discussions involving executives, lawyers and technical teams.
Mediation in technology disputes
Mediation can make room for practical solutions that may not be available through a binary decision.
Examples may include:
- completion of a project under revised milestones;
- transition to another supplier;
- delivery of code, documentation or data;
- revised payment structures;
- extended support during transition;
- IP-use arrangements;
- allocation of remediation responsibilities;
- agreed mechanisms for future technical issues.
Arbitration in technology disputes
Where a determination is required, arbitration may be particularly useful in a professional dispute where the parties value a decision-maker who can understand the business and technical context efficiently.
The scope of the arbitration, evidence and expert involvement depend on the arbitration agreement and circumstances.
Cross-border technology disputes
Technology contracts frequently cross borders. The parties may be in different countries, the agreement may be in English, and the relevant systems may be hosted in multiple jurisdictions.
English-language and remote proceedings can reduce practical friction, while the governing law, jurisdiction, seat and enforcement framework should be considered separately for each dispute.
Related Services
Is the dispute both commercial and technical?
Start with the names of the parties and a short description of the relationship and dispute.
Call 054-2591002