Attorney-Client Privilege in International Arbitration

Hardcover | February 25, 2017

byAnnabelle Mockesch

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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 iscomplicated 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 ofthe 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. Itcompares 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.

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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 iscomplicated by the fact that institutional arb...

Annabelle Mockesch is an associate at Hanefeld Rechtsanwalte in Hamburg. She acts as counsel and tribunal secretary in domestic and international arbitration proceedings under various institutional and ad hoc rules. Before joining Hanefeld Rechtsanwalte, the author was Assistant Legal Counsel at the Permanent Court of Arbitration in Th...
Format:HardcoverDimensions:416 pages, 9.69 × 6.73 × 0.98 inPublished:February 25, 2017Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0198795866

ISBN - 13:9780198795865

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Table of Contents

1. IntroductionPart 1: Comparative Overview of Concepts of Attorney-Client Privilege2. United States of America3. England and Wales4. Germany5. European Union6. Comparison - Similarities and Differences in the Laws on Attorney-Client PrivilegePart 2: Determining the Applicable Attorney-Client Privilege Standard7. Seeking Inspiration from Judicial and Administrative Proceedings for the Arbitral Context8. Applicable Privilege Standard in International Commercial Arbitration9. Applicable Privilege Standard in Investor-State Arbitration and Comparison with International Commercial ArbitrationPart 3: Devising Rules for Attorney-Client Privilege in International Arbitration: A Draft Proposal10. Devising Rules for Attorney-Client Privilege in International Arbitration: A Draft Proposal11. Conclusions and Outlook