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ARTICLE · 07 JANUARY 2025

The Need For Developing Uniform Guidelines For Legal Privilege In International Arbitration

Kachwaha & Partners
Kachwaha & Partners
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Kachwaha & Partners

Kachwaha & Partners

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Legal privilege refers to the right of individuals/entities to withhold certain communications, documents, and advice from being disclosed to the court or other persons.

IndiaLitigation, Mediation & Arbitration

The Need for Developing Uniform Guidelines for Legal Privilege in International Arbitration

  1. Introduction

Legal privilege refers to the right of individuals/entities to withhold certain communications, documents, and advice from being disclosed to the court or other persons.

Legal privilege serves as a fundamental protection for any information shared/ communication made between a client and their lawyer. Privilege ensures that such information/ communication remains confidential, promoting an open and honest dialogue between parties and their legal advisors and simultaneously provides the lawyers a suit of armor to defend their client's interests.

The concept can be traced back to the days of the Roman empire as per some, while others believe it is one of the oldest privileges recognized by the Anglo-American jurisprudence. Irrespective of its origin, it can be said that the concept of privilege a cornerstone of the legal profession around the world.

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