Privilege

Civil Law, Common Law, Evidence, Hearsay, Illegally obtained evidence, Interpretation, Privilege

, (Rivero Mestre LLP), and (Columbia Law School)/ /1 Comment

As set out in our last blog post on evidentiary issues in international arbitrations, the treatment of evidence within the field of international arbitration is oftentimes inconsistent and even unpredictable from one arbitral tribunal to another, a divide which becomes even more pronounced when considering the different approaches that may be adopted due to a…

Code of Ethics, Evidence, Germany, Greece, IBA, IBA Rules of Evidence, Privilege, Switzerland

(Shehata & Partners, Maastricht University)/ /1 Comment

The concept of attorney-client privilege is a unique creation of common-law jurisdictions which has influenced all types of legal regimes over the world. Common-law regimes developed such a concept to curb the wide sphere of document production and discovery in litigation. As the name of the concept entails, it was created as a privilege for…

Arbitration, Privilege

(Richard Levin Arbitration)/ /2 Comments

The law of privilege as relating to in-house counsel (especially in civil law jurisdictions) is indeed a controversial and much debated issue. Well-spoken advocates from the “internal” as well as “external” bar have written and spoken on this this issue forcefully. In reading DLA Piper’s Legal Professional Privilege Global Guide (2017), it is absolutely mind…