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

Part 3 Devising Rules for Attorney–Client Privilege in International Arbitration: A Draft Proposal, 10 Devising Rules for Attorney–Client Privilege in International Arbitration: A Draft Proposal

From: Attorney-Client Privilege in International Arbitration

Annabelle Möckesch

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved.date: 19 August 2019

Subject(s):
Privilege — Choice of law — Conflict of laws — Arbitral rules — Arbitral agreements — Arbitrators — Conduct of proceedings

This chapter first discusses whether devising further rules for attorney–client privilege in international arbitration is desirable. In examining the legal framework governing the conduct of international arbitration proceedings, it has become apparent that there is a lack of rules defining the scope of attorney–client privilege or providing sufficient guidance on how to determine the applicable standard. After having come to the conclusion that a change to the current legal framework is preferred over maintaining the status quo, the chapter proposes rules for attorney–client privilege in international arbitration. The discussion contained in this part includes identifying the appropriate type of rules and devising the content of the proposed rules. Finally, the chapter considers the selection of an appropriate legal instrument to implement these rules.

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