Tag Archives: disclosure

IBA Guidelines on Party Representation

The IBA Guidelines on Party Representation in International Arbitration (“IBA Guidelines on Party Representation“), which were recently adopted by a resolution of the International Bar Association (IBA) Council on 25 May 2013, seek to address some of the uncertainties which … Continue reading

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Case Update: Accountants not entitled to assert legal advice privilege

In a previous post, we discussed the case of Walter Lilly & Company Ltd v Mackay & Anor [2012] EWHC 649 (TCC) in which the English High Court held that advice by a claims consultant is not protected by legal professional / … Continue reading

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IBA Rules – Failure to Produce Documents in a Singapore International Arbitration

We considered the IBA Rules on the Taking of Evidence in International Arbitration (the “IBA Rules“) in a previous post. The Singapore case of Dongwoo Mann+Hummel Co Ltd v Mann+Hummel GmbH [2008] 3 SLR(R) 871; [2008] SGHC 67 demonstrates how a tribunal may … Continue reading

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IBA Guidelines on Conflicts of Interest in International Arbitration

Nemo iudex in causa sua – no one should be a judge in their own cause. This precept would appear to be universal in all formal systems of law. In international arbitration, most arbitration rules (and certainly all the major … Continue reading

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IBA Rules on the Taking of Evidence in International Arbitration

Discovery (and e-discovery) in modern litigation can be a very expensive endeavour. In the case of Digicel (St. Lucia) Ltd & Ors v Cable & Wireless Plc & Ors [2008] EWHC 2522 (Ch), the initial exercise undertaken by the defendants’ solicitors … Continue reading

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Advice by Claims Consultant not protected by Legal Professional / Advice Privilege

A recent English High Court decision in the case of Walter Lilly & Company Ltd v Mackay & Anor [2012] EWHC 649 (TCC), has reaffirmed the proposition that legal professional privilege does not apply, at common law, in relation to any … Continue reading

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