- Privilege — Choice of law — Conflict of laws — Arbitration — Confidentiality — Confidentiality and privilege
This chapter provides an introduction to the concept of attorney–client privilege. It briefly illustrates that the nature and scope of the privilege vary between jurisdictions. It then discusses the role of attorney–client privilege in international arbitration and the difficulties that arise when determining the applicable attorney–client privilege standard in international arbitration. To enhance further discussion, the chapter also defines several key terms to be used throughout this book. These terms include ‘privilege’, ‘attorney–client privilege’, and ‘work-product protection’. Moreover, privilege is contrasted with the duty of confidentiality in international commercial arbitration and attorney–client privilege is contrasted with the lawyer’s duty of confidentiality. Lastly, the chapter makes a few practical observations on the document production process, in which attorney–client privilege is often invoked.