11 Evidentiary Standards in Financial Arbitrations

Subject(s):

Customer obligations and foreign law — Breach of confidentiality — Investment business — Market abuse

This chapter begins by discussing the concerns and priorities that banks and other financial institutions may have when determining applicable evidentiary procedures in the exercise of their procedural autonomy. It then examines two evidentiary standards of particular interest to financial institutions: the commercial confidentiality of documents and legal professional privilege. This is followed by discussions of evidentiary regimes of special importance and usefulness; new areas of challenge for evidence-taking in financial arbitration, with a focus on the emerging trend of multiple claims against banks; and proposed solutions to address these challenges.