The Republic of Ecuador (Ecuador) (plaintiff) initiated arbitration proceedings against Texaco Petroleum Corporation (TexPet) before the United Nations Commission on International Trade Law. Ecuador claimed TexPet had caused negative environmental and health-related effects in Ecuador. Ecuador sought discovery from Bjorn Bjorkman (defendant), an environmental expert who had prepared expert reports for another company. The arbitration tribunal granted Ecuador leave to subpoena Bjorkman for a deposition and production of documents. Ecuador subsequently brought suit against Bjorkman based on his refusal to produce discoverable information. Bjorkman claimed such information was protected by the doctrines of attorney-client privilege and attorney work product.