Privilege in international arbitration

Resource type: Practice note

Status: Maintained

Jurisdiction: International

Privilege entitles a party to litigation or arbitration to withhold evidence (which would or should otherwise be produced) from production to a third party, court or tribunal. International arbitration brings together parties from different jurisdictions and legal backgrounds. Most jurisdictions have their own rules and laws regulating what evidence may be withheld on the basis of privilege. Although there may be common grounds of public policy underlying the existence of such privileges, the laws will vary in their application and ambit. Disputes may arise in international arbitration as a result of these conflicting rules and expectations.

These disputes are often complicated by the fact that there are no set rules or published authority on how international arbitral tribunals should exercise their discretion to resolve such a claim for privilege.

The purpose of this note is to provide an overview on how such disputes may be resolved. In particular, it aims to summarise the different approaches that tribunals may take in resolving such a dispute, or what approach a tribunal should be asked to adopt. This note also sets out some practical measures to consider before and during the arbitration.

PLC Arbitration

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  • Resource ID: 5-381-7464
  • Products:  PLC Arbitration - International, PLC UK Dispute Resolution, PLC US Law Department
  • This resource is maintained, meaning that we monitor developments on a regular basis and update it as soon as possible.
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