Written By Vasilis F.L. Pappas
The issue of privilege in international arbitration raises two important questions. First, do international arbitral tribunals have the authority to order that evidence is inadmissible on the ground of privilege? Second, what jurisdiction's rules of privilege should apply when the parties to a dispute hail from different jurisdictions? This article addresses the emerging consensus that has developed in recent years to resolve these issues. Published in the March 2014 edition of ADR Perspectives by the ADR Institute of Canada Inc.Please note that this publication presents an overview of notable legal trends and related updates. It is intended for informational purposes and not as a replacement for detailed legal advice. If you need guidance tailored to your specific circumstances, please contact one of the authors to explore how we can help you navigate your legal needs.
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