Privilege issues often arise in international arbitration. Privilege determinations are of considerable importance as they have an impact on the availability and admissibility of evidence. However, substantial uncertainty exists regarding the law applicable to privilege claims in international arbitration. This article examines the legal issues relating to privilege claims in international arbitration. It also examines in detail what arbitrators should do when faced with privilege claims and the various methods which have been developed by tribunals to deal with difficult privilege issues. The article advocates the development of privilege guidelines, which will ensure greater certainty in this area, while preserving the flexibility of the arbitral process.
Journal of International Arbitration