Details

Subject(s)

• Confidential communications—Lawyers [Browse]
• Attorney and client [Browse]
• International commercial arbitration [Browse]

Series

Oxford international arbitration series [More in this series]

Summary note

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.

Notes

"This book is based on a dissertation that was generously supported by the International Max Planck Research School on Successful Dispute Resolution in International Law, a research school organized by Heidelberg University and the Max Planck Institute for Comparative Public Law and International Law at Heidelberg."

Bibliographic references

Includes bibliographical references (pages 331-352) and index.

Contents

• United States of America
• England and Wales
• Germany
• European Union
• Comparison : similarities and differences in the laws on attorney-client privilege
• 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
• Devising rules for attorney-client privilege in international arbitration : a draft proposal.

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ISBN

• 9780198795865
• 0198795866

LCCN

2016959973

OCLC

956395475

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