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.