Herbert Smith holds successful seminar on privilege

On 9 May 2012, over a hundred people attended a seminar at Herbert Smith's London offices.  One of the key topics was the role of privilege in international arbitration which was covered by London partner Chris Parker. 

International arbitration differs from court litigation in this regard as the relevant rules of evidence are much more flexible.  Approaches taken by arbitral tribunals vary as arbitrators generally possess broad discretion to determine issues of evidence under national laws and institutional rules. They may apply a number of different laws as well as internationally developed principles.

The seminar covered privilege as it relates to court litigation as well as international arbitration and focussed on legal professional privilege under English law. Those dealing with disputes under English law may be interested in Herbert Smith's new guide to legal professional privilege under English law, comprising:

• A decision tree: intended as a quick reference to help determine which documents can legitimately be withheld on grounds of privilege; and
• Practical tips for maintaining privilege: aimed at minimising the risks of unhelpful material being produced.

The guide is available both as an interactive PDF, with links to more detailed information and articles, and as a hard copy guide. Click here to access the "Handy client guide to privilege" home page on our "litigation notes" blog or contact Christina Southgate if you would like a hard copy.

For more detailed information on privilege in international arbitration in particular, please click here for an article published by Partner Craig Tevendale or contact a member of the Herbert Smith arbitration team.