Philip Bambagiotti tackles the issues for in-house lawyers of client privilege in international arbitration

9th August 2022

3PB's Philip BambagiottiPhilip BambagiottiCall: 2018, a joint qualified Australia and UK barrister specialising in construction and international arbitration, has a prolific practice in China and the wider SE Asian region and was guest speaker at the International Arbitration Insights series of seminars in July.

Philip, who routinely advises in-house counsel on their client privilege issues and wider commercial litigation disputes said, "In the international context, what one may understand as legal privilege is a ‘slippery’ & amorphous concept. It must be carefully considered on a case-by-case basis."  The differences in the way the privilege concept is recognised from place to place, will mean that the concept may apply differently for the purposes of an international arbitration than is ordinarily assumed for a domestic dispute. The reach of privilege may be greater, may be lesser, and will almost certainly be subject of requirements that might be unfamiliar.

This subject, which has had very little written on it, is challenging, particularly for in-house counsel when managing confidential information, especially with respect to privilege claims. Philip discusses the subject by adopting the simple model, 'legal professional privilege'.  Read the whole paper here.

To discuss international arbitration and client privilege, please contact Philip on [email protected]. To instruct him on any matter, please contact either of his clerks, Steve Evers on [email protected] or Joe Townsend on [email protected] or by calling them on 020 7583 8055.