Shehata & Partners was honored to host a roundtable discussion with Ms. Claudia Frutos-Peterson, Co-Chair of the IBA Task Force on Privilege in International Arbitration, and Mr. Russell Childree, Counsel at WilmerHale (London).
Moderated by our Partner Ibrahim Shehata, the session brought together leading arbitration practitioners and academics, including Dr. Hossam Sadek, Mr. Hazem Rizkana, Prof. Dr. Mohamed Sameh Amr, Dr. Naglaa Nasr, Prof. Dr. Yassin El Shazly, Prof. Dr. Tarek Riad, Mr. Tsegaye Laurendeau, and Mr. Sherif El-Saadany among others.
Ms. Frutos-Peterson presented the Task Force’s work toward issuing uniform guidance on privilege in international arbitration—aimed at reducing inconsistency and uncertainty across jurisdictions. She emphasized that the draft guidance is expected to be released for public comments at the upcoming IBA Annual Conference in Toronto in November 2025.
The discussion covered several key themes including:
- Whether the forthcoming IBA privilege rules should be mandatory or subject to party agreement.
- The divergence between civil law and common law approaches to privilege and professional secrecy.
- The most-favored-nation approach versus a choice-of-law analysis in determining the applicable privilege rules.
- How tribunals should address inadvertent disclosure and waiver of privilege.
- The handling of documents obtained improperly or illegally, and potential criminal and annulment implications.
- The tribunal’s discretion in cases involving forgery allegations and whether criminal proceedings should stay arbitral proceedings.
- The complexity of public interest immunity and the Task Force’s current view to refer such matters to the domestic law of the relevant state.
Participants also discussed the importance of managing parties’ expectations, the application of mandatory rules at the seat, and the arbitral tribunal’s flexibility in balancing the equality of arms along with the procedural fairness.
The roundtable concluded with appreciation from Ms. Frutos-Peterson and Mr. Childree, who confirmed that the Task Force intends to circulate its draft for public consultation soon.
Shehata & Partners is proud to have facilitated such a rich and timely exchange, contributing to the global dialogue on privilege in international arbitration.
