By signing the deal in November 2009, Ms Giuffre agreed to immediately abandon a civil claim she had lodged against Epstein, the convicted sex offender, six months earlier.
She also agreed not to pursue legal action against any “second parties” or “any other person who could have been included as a potential defendants” in her civil complaint.
Andrew Brettler, the Duke’s Los Angeles-based lead counsel, will argue that by including a reference to royalty in her original lawsuit, she had made Prince Andrew a potential co-conspirator.
The “second parties” also “forever” released from legal action include Epstein’s “agents, attorneys, predecessors, successors, heirs, administrators, assigns and/or employees”
The document states that Ms Giuffre and her agents and lawyers “hereby remise, release, acquit, satisfy, and forever discharge the said Second Parties and any other person or entity who could have been included as a potential defendant (“Other Potential Defendants”) from all, and all manner of, action and actions of Virginia Roberts.”
The original civil action, filed under the pseudonym Jane Doe, stated: “In addition to being continually exploited to satisfy the defendant’s every sexual whim, Plaintiff was also required to be sexually exploited by defendant’s adult male peers, including royalty, politicians, academicians, businessmen and/or other professional and personal acquaintances.”
Mr Brettler is expected to argue before judge Lewis Kaplan on Tuesday that as the agreement was made in direct response to the lawsuit, the claim against Prince Andrew – the only member of the royal family to whom it could refer – is invalid.
Document thought to have been used by Epstein’s former lawyer in abuse claim
The same document is thought to have been used by Alan Dershowitz, Epstein’s former lawyer, to get the abuse claims Ms Giuffre made against him struck out in August.
Mr Dershowitz previously told The Telegraph: “I cannot imagine how the case against the Prince will not be dismissed based on the dismissal of the case against me.”