Jump to ContentJump to Main Navigation
Practising VirtueInside International Arbitration$
Users without a subscription are not able to see the full content.

David D. Caron, Stephan W. Schill, Abby Cohen Smutny, and Epaminontas E. Triantafilou

Print publication date: 2015

Print ISBN-13: 9780198739807

Published to Oxford Scholarship Online: January 2016

DOI: 10.1093/acprof:oso/9780198739807.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2020. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 23 September 2020

Document Production and Legal Privilege in International Commercial Arbitration

Document Production and Legal Privilege in International Commercial Arbitration

(p.347) 21 Document Production and Legal Privilege in International Commercial Arbitration
Practising Virtue

Julian D M Lew

Oxford University Press

This chapter discusses applying legal privilege to document production in international commercial arbitration. Legal privilege may justify keeping confidential information, evidence, or documents out of the record, even before a court or tribunal. But it can also be used, unjustifiably and abusively, as a shield to hide evidence which is adverse to and perhaps even determinative of the other party’s case. The question for the tribunal when legal privilege is claimed and challenged is whether the privilege claim is justified and how to verify it. The tribunal must reach its determination of the parties’ rights and obligations on the basis of the relevant contract terms, applicable law, and relevant evidence. Resolving claimed legal privilege is similar, although it will not determine the substantive dispute per se. Accordingly, the tribunal must always seek to verify whether the legal privilege claimed is justified in the particular circumstance in which it is raised.

Keywords:   legal privilege, document production, international commercial arbitration

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .