Privilege claims in international arbitration

By Alexander Gay and Alexandre Kaufman (May 30, 2018, 8:39 AM EDT) -- In Ontario, as in all other provinces, the legislation regulating international commercial arbitrations is silent on privilege claims. Unlike the domestic Arbitration Act, 1991, where privileged matters are inadmissible, privilege claims under the International Commercial Arbitration Act of Ontario may be subject to foreign laws, which may not recognize the same privileges as in Ontario....