Despite the universal acceptance of attorney-client privilege, serious questions remain about which law determines the existence and scope of the privilege in international disputes.
Various views on the subject exist. One school of thought suggests that the scope of the privilege should be determined by either the laws of the country where the attorney is authorized to practice law, or the laws of the country where the document was created or the advice was given. This view maintains that the law of the controversy is irrelevant to the existence or the scope of the privilege.Another view is that the attorney-client privilege should be treated as an evidentiary issue governed by either the law of the arbitration or the law of the seat.
