Do Claimants Waive Privilege When Discussing The Case With Third-Party Funders?

Are Confidentiality and Common Interest Agreements sufficient to protect privilege when discussing arbitration claims with potential funders?

What is privilege?

Arbitration often obliges a party to disclose documents relevant to its case, whether helpful or not. Being able to establish privilege in a document allows a party to withhold such documents from production to a third-party, court or tribunal. If privilege is established, this will ensure that advice, such as the strengths and weaknesses of a case, between a lawyer and his client is kept confidential, allowing the management of the case to proceed most effectively.

The types of privilege that can be claimed under English law are: