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Confidentiality

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Practicing law in a time when information sharing technology is rapidly evolving poses significant challenges, especially with respect to an area of law that for the most part, lacks uniformity and remains fairly unpredictable—that is, evidentiary privilege in international arbitration. The recently decided case of Harleysville Ins. Co. v. Holding Funeral Home, Inc., highlights how evolving technology may inadvertently result in the waiver of attorney client privilege under some jurisdictions’ rules. For this reason, parties…

Confidentiality is now “opt-out” As of 14 October 2015, international arbitrations seated in Australia are confidential unless the parties agree otherwise. The amendments to the confidentiality provisions in the International Arbitration Act 1974 (Cth) (IAA) is one of a series of amendments made to the IAA as described below.[1] Confidentiality Through amendments to section 22(2) of the IAA, the confidentiality provisions in sections 23C to 23G of the IAA now apply on an “opt-out”, rather…