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