On Thursday, SIArb webinar brought together leading voices in litigation and arbitration to explore the legal framework and strategic implications of “without prejudice” (WP) communications across Singapore, New York, Japan, and England & Wales. Moderated by Earl Rivera – Dolera, the panel featured Colin Liew, Camille M. Ng, Yuta Yamasaki, and James Cutress KC, with Colin Liew and James Cutress KC having authored their respective books on the law on privilege.

The panel discussed the doctrinal bases and public policy rationale behind WP protections, the differences in treatment between common law and civil law systems, and practical insights into how mislabeling or overreliance on WP can backfire. Key topics included the applicability of WP in arbitration, the limits of WP in the U.S. under Federal Rule of Evidence 408, Japan’s contractual approach via NDAs, and England’s evolving jurisprudence on “without prejudice save as to costs”.

Drawing from recent case law, the speakers also tackled emerging challenges, including third-party interests in settlement negotiations, form vs substance issues arising from these communications.

With a strong turnout and engaged audience, the session highlighted the continuing importance of understanding WP communications in settlement negotiations in an increasingly cross-border dispute resolution environment.