Evidentiary Privileges in International Arbitration

International and Comparative Law Quarterly, Vol. 50, No. 2 (April 2001), pp. 345-385

University of Chicago Coase-Sandor Institute for Law & Economics Research Paper No. 656

46 Pages Posted: 24 Oct 2013

See all articles by Tom Ginsburg

Tom Ginsburg

University of Chicago Law School

Richard Mosk

Justice, California Court of Appeal

Date Written: 2001

Abstract

Evidentiary rules employed in judicial proceedings are not strictly applied in international arbitration. Although this flexibility with regard to evidentiary matters is often considered a benefit of international arbitration, in certain situations it can lead to unpredictability and conflicts with national law. One such area is the application of evidentiary and testimonial privileges in international arbitration. There is very little authority addressing how international arbitrators should proceed when presented with a claim of privilege.

Suggested Citation

Ginsburg, Tom and Mosk, Richard, Evidentiary Privileges in International Arbitration (2001). International and Comparative Law Quarterly, Vol. 50, No. 2 (April 2001), pp. 345-385; University of Chicago Coase-Sandor Institute for Law & Economics Research Paper No. 656. Available at SSRN: https://ssrn.com/abstract=2343946

Tom Ginsburg (Contact Author)

University of Chicago Law School ( email )

1111 E. 60th St.
Chicago, IL 60637
United States

Richard Mosk

Justice, California Court of Appeal

CA
United States

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