Evidentiary Privileges in International Arbitration

Tom Ginsburg
Richard M. Mosk

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.