Article 25—Privilege

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ID: 317945
2026
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Abstract
Abstract This chapter explores Article 25 of the ICDR Rules, which mandates that the tribunal is to take into account applicable principles of legal privilege and provides a general guideline to the tribunal when faced with potentially inconsistent legal privilege rules being applied to different parties. Determining legal privilege issues falls within the scope of the tribunal’s broad discretion to manage the arbitral proceedings and the exchange of information and often requires the tribunal to make determinations on the availability and admissibility of evidence. Privilege issues frequently arise in international arbitrations, but resolving these issues can often be complex, as there are few established norms on how legal privilege applies across different jurisdictions. As such, inherent in the first sentence of Article 25 is the tribunal’s task of determining what the ‘applicable principles of privilege’ are.
Reference Key
openalex_W7165147794 Use this key to autocite in the manuscript while using SciMatic Manuscript Manager or Thesis Manager
Authors Martin F Gusy, James M Hosking, G.I. Walters
Journal Oxford University Press eBooks
Year 2026
DOI
10.1093/law/9780197848012.003.0026
URL
https://doi.org/10.1093/law/9780197848012.003.0026
Keywords Keywords not found

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