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.
Bennett Jones