On 9 May 2012, over a hundred people attended a seminar at Herbert Smith's London offices. One of the key topics was the role of privilege in international arbitration which was covered by London partner Chris Parker.
International arbitration differs from court litigation in this regard as the relevant rules of evidence are much more flexible. Approaches taken by arbitral tribunals vary as arbitrators generally possess broad discretion to determine issues of evidence under national laws and institutional rules. They may apply a number of different laws as well as internationally developed principles.
The seminar covered privilege as it relates to court litigation as well as international arbitration and focussed on legal professional privilege under English law. Those dealing with disputes under English law may be interested in Herbert Smith's new guide to legal professional privilege under English law, comprising:
- A decision tree: intended as a quick reference to help determine which documents can legitimately be withheld on grounds of privilege; and
- Practical tips for maintaining privilege: aimed at minimising the risks of unhelpful material being produced.
The guide is available both as an interactive PDF, with links to more detailed information and articles, and as a hard copy guide. Click here to access the "Handy client guide to privilege" home page on our "litigation notes" blog or contact Christina Southgate if you would like a hard copy.
For more detailed information on privilege in international arbitration in particular, please click here for an article published by Partner Craig Tevendale or contact a member of the Herbert Smith arbitration team.
Key contacts
Simon Chapman KC
Managing Partner, Dispute Resolution and Global Co-Head – International Arbitration, Hong Kong
Andrew Cannon
Partner, Global Co-Head of International Arbitration and of Public International Law, London
Kathryn Sanger
Partner, Head of China and Japan, Dispute Resolution, Co-Head of Private Capital, Asia, Hong Kong
Christian Leathley
Partner, Co-Head of the Latin America Group, Co-Head of the Public International Law Group, US Head of International Arbitration, London
Disclaimer
The articles published on this website, current at the dates of publication set out above, are for reference purposes only. They do not constitute legal advice and should not be relied upon as such. Specific legal advice about your specific circumstances should always be sought separately before taking any action.