The Lawyer-client Privilege System In Disclosure Of Evidence In International Commercial Arbitration

International commercial arbitration,as a dispute resolution mechanism outside litigation,upholds the core idea of "meaning autonomy",and evidence as an important basis for revealing the true situation of the case is the premise of the arbitral tribunal's determination of the parties' responsibilities and the pursuit of legal truth.Both parties jointly gave the arbitral tribunal the power to"request the parties to provide other documents or materials related,to the dispute to prove the facts of the case and determine whether the evidence provided by the parties has the characteristics of evidence".In the practice of arbitrating evidence exchange,the parties may obtain the rights granted by law for certain special reasons and may refuse to provide relevant evidence to the court/arbitral tribunal.This article is divided into three chapters.The first chapter is an overview of the lawyer-client privilege system in the disclosure of evidence in international commercial arbitration.It begins with the meaning of privilege and explains the importance of privilege in maintaining special relationships.It briefly introduces the privilege system of lawyer-client privilege from utilitarianism to value.The change of perspectives focuses on the public welfare of the judiciary.Second,the concept of lawyer-client privilege in the legislation and practice of various countries is introduced to clarify its basic meaning.The second chapter puts forward three specific issues of lawyer-client privilege in the disclosure of evidence in international commercial arbitration.Because the use of the privileged system may affect the determination of facts,it should be as much as possible to limit the privilege to the necessary range.This chapter discusses the guidance rules and legal application rules of the lawyer-client privilege system on the premise of determining the specific scope of lawyer-client privilege.Finally,it is proposed that the lawyer-client privilege system should not be invoked when involving crimes,deception,illegal acts,or abstaining from the parties.The third chapter mainly analyzes the status quo of China's international commercial arbitration evidence rules based on our country's arbitration legislation and practice,and points out the practical obstacles,practical needs and institutional foundations for the establishment of disclosure systems and lawyer-client privilege systems in China.Finally,with reference to foreign legislation and practical experience and based on our country's arbitration legislation and practice,we try to establish the lawyer-client privilege based on the establishment of the disclosure system,and establish the guidance rules and legal application rules of the lawyer-client privilege system.Proposals for the reasonable regulation of the scope of the lawyer-client privilege system also stipulate that no privilege can be invoked,so as to achieve the vision of building a lawyer-client privilege system in China.