FEATURES OF THE SETTLEMENT OF INTERNATIONAL CYBER DISPUTES THROUGH ADR IN THE CONTEXT OF THE LEGISLATION OF THE BRICS COUNTRIES

Authors : Islambek Rustambekov

Pages : 149-166

Doi:10.55027/tfm.1379346

View : 37 | Download : 33

Publication Date : 2024-06-30

Article Type : Research Paper

Abstract :This paper examines the comparative effectiveness of various alternative dispute resolution (ADR) methods in resolving international cyber disputes. Drawing on a review of academic literature, analysis of practical case studies and statistical data, it identifies key procedural strengths and limitations of arbitration, mediation, ombudsmen, and online dispute resolution for common cyber conflict scenarios. It concludes on the optimal tailoring of different ADR techniques for cybercrime, hacking attacks, data breaches, and e-commerce disputes. The paper proposes multiple innovations to enhance cyber ADR efficacy, including hybrid models, specialized procedural standards, and enforcement mechanisms. It discusses integrating ADR into national cybersecurity strategies using the BRICS platform as an example. The research aims to inform optimization of flexible, confidential, and technically expert out-of-court approaches to manage the proliferation of cross-border cyber disputes. Key findings show mediation’s utility for cybercrime across jurisdictions but need for law enforcement coordination. International arbitration is appropriate for cyber B2B disputes while ombuds aid consumer recourse. Early neutral evaluation assists cybersecurity breach diagnosis but requires enforcement. Tailored arbitration rules, substantively flexible guidelines, and incentivizing voluntary ADR adoption are advised.
Keywords : alternative dispute resolution, online dispute resolution, cyber dispute, cybersecurity, arbitration, mediation, ombudsman, BRICS