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No. XII.5 - Settlement Privilege
(a) Privileged information is inadmissible as evidence in subsequent arbitration or court proceedings between the same parties, provided that the privilege objection
is raised in the arbitration or court proceedings in good faith, and
does not relate to facts which one side would have been able to prove had there been no settlement negotiations between the parties.
(b) Privileged information relates to
statements, views, admissions, proposals, suggestions, indications of readiness to accept a certain proposal for settlement, whether written or oral, submitted by a party during settlement negotiations, mediation/ conciliation or any other ADR proceedings, or
statements made or views expressed by a third neutral involved in such proceedings, or
any document, witness statement or expert report submitted in or prepared by a party solely for these negotiations, mediation/conciliation or any other ADR process between the parties.
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