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Attorney-Client Privilege in International Arbitration by Möckesch, Annabelle (26th January 2017)

Part 2 Determining the Applicable Attorney–Client Privilege Standard, 7 Seeking Inspiration from Judicial and Administrative Proceedings for the Arbitral Context

From: Attorney-Client Privilege in International Arbitration

Annabelle Möckesch

Subject(s):
Specific courts and tribunals — Privilege — Choice of law — Conflict of laws — Arbitration — Conduct of proceedings — Confidentiality — Specific Courts and Tribunals

This chapter draws inspiration from a number of judicial and administrative proceedings in regard to the determination of the applicable privilege law for the arbitral context. The chapter describes the approaches taken in national civil court proceedings in the United States and Germany, EU competition law investigations, and judicial assistance proceedings under the Hague Convention on the Taking of Evidence Abroad in Civil or Commercial Matters of 1970 and Council Regulation (EC) No 1206/2001 of 28 May 2001 on cooperation between the courts of the Member States in the taking of evidence in civil or commercial matters.

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