Practical Law

Privilege is a tortuous subject in international arbitration. Parties must not only contend with the factual issues surrounding whether a communication is privileged, they must also confront the prior legal issue of what privilege rules the tribunal should use to decide those claims of privilege. Should they use the law of the seat? The substantive … Continue reading In-house foreign lawyers benefit from legal advice privilege even if not regulated or qualified in home jurisdiction →

US courts have long grappled with the issue of whether the doctrine of forum non conveniens applies in proceedings to confirm a foreign arbitration award.