Consider a US company in a cross-border dispute with a French company, for example, having possibly different privilege rules and in a dispute seated, say, in London. A conflict of privilege rules should lead to a most favored nation approach so as to treat both parties on equal footing, in the absence of Institutional rules on this subject.

It’s likely the Institutions should deal with this issue to simplify the process.

– Posted first on LinkedIn 20th June 2017