Attorney-Client Privilege in International Arbitration
Series: Oxford International Arbitration Series;
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Product details:
- Publisher OUP Oxford
- Date of Publication 26 January 2017
- ISBN 9780198795865
- Binding Hardback
- No. of pages416 pages
- Size 249x175x27 mm
- Weight 874 g
- Language English 0
Categories
Short description:
This book provides clear guidance to arbitral tribunals regarding the determination of the applicable attorney-client privilege standard. It compares attorney-client privilege in key common and civil law jurisdictions, analyses precedent from previous tribunals, and finally sets out proposed changes to the legal framework governing this area.
MoreLong description:
Attorney-client privilege is often invoked as a defence in international arbitration proceedings however the participants often have very different expectations regarding the applicable privilege standard, as national attorney-client privilege laws vary widely between jurisdictions. This is complicated by the fact that institutional arbitral rules do not include provisions on the scope of attorney-client privilege, nor do they outline the conflict of laws issues determining the applicable national privilege law. The applicable level of privilege is therefore left to the discretion of the arbitral tribunal.
Drawing on interviews with more than thirty leading international arbitration practitioners and extensive academic research, this book is the first of its kind to provide clear guidance to arbitral tribunals regarding the determination of the applicable attorney-client privilege standard. It compares attorney-client privilege in key common and civil law jurisdictions, analyses precedent from previous tribunals, and finally sets out proposed changes to the legal framework governing this area.
Table of Contents:
Introduction
Part 1: Comparative Overview of Concepts of Attorney-Client Privilege
United States of America
England and Wales
Germany
European Union
Comparison - Similarities and Differences in the Laws on Attorney-Client Privilege
Part 2: Determining the Applicable Attorney-Client Privilege Standard
Seeking Inspiration from Judicial and Administrative Proceedings for the Arbitral Context
Applicable Privilege Standard in International Commercial Arbitration
Applicable Privilege Standard in Investor-State Arbitration and Comparison with International Commercial Arbitration
Part 3: Devising Rules for Attorney-Client Privilege in International Arbitration: A Draft Proposal
Devising Rules for Attorney-Client Privilege in International Arbitration: A Draft Proposal
Conclusions and Outlook
