Originally from Alternatives to the High Cost of Litigation

PAGE PREVIEW

How should tribunals consider whether evidence is privileged in international arbitration cases?

A New York City Bar Association committee released a report in 2023’s final quarter that provides guidance for arbitrators in answering the question, and more.

The report by the association’s International Commercial Disputes Committee explores alternatives to addressing privilege claims, mainly in international commercial and investor-state arbitration because, it notes, the topic has not been explored thoroughly in the past.