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Transnational Discovery and Foreign Law in U.S. Courts
Analyzing the intricacies of international civil litigation, this book explores the rules and practices, as well as the differences and conflicts, that occur in this important area of law. Grihobou Roland Nombre focuses his examination on the U.S. Supreme Court and the Hague Evidence Convention, highlighting the problems that can arise when an international convention is optionally adhered to.
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Critical Acclaim
Contents
More Information
Analyzing the intricacies of international civil litigation, this book explores the rules and practices, as well as the differences and conflicts, that occur in this important area of law. Grihobou Roland Nombre focuses his examination on the U.S. Supreme Court and the Hague Evidence Convention, highlighting the problems that can arise when an international convention is optionally adhered to.
Nombre expands on the treatment of foreign law in American discovery practice predating the Hague Evidence Convention, as interpreted in the landmark Aerospatiale case and thereafter. He investigates how U.S. courts determine the applicability of foreign law to discovery, its content, the dismissal of or deference to it, or otherwise accommodation of it. He studies how foreign law treatment evolved following the U.S. Supreme Court’s violation of its own precedent in United States v. Percheman about the interpretation of treaties authenticated in multiple languages. Dissecting the Federal Rules of Civil Procedure, the author asks: how enforceable is compliance with Aerospatiale in federal and state courts ordering discovery abroad under domestic rules or the Hague Evidence Convention as an authorized foreign procedure?
Transnational Discovery and Foreign Law in U.S. Courts is an indispensable guide for legal professionals in areas such as transnational litigation and discovery proceedings. Legal academics and law students interested in The Hague Convention, U.S. courts, evidentiary privilege and conflict of laws will also find the insights here beneficial.
Nombre expands on the treatment of foreign law in American discovery practice predating the Hague Evidence Convention, as interpreted in the landmark Aerospatiale case and thereafter. He investigates how U.S. courts determine the applicability of foreign law to discovery, its content, the dismissal of or deference to it, or otherwise accommodation of it. He studies how foreign law treatment evolved following the U.S. Supreme Court’s violation of its own precedent in United States v. Percheman about the interpretation of treaties authenticated in multiple languages. Dissecting the Federal Rules of Civil Procedure, the author asks: how enforceable is compliance with Aerospatiale in federal and state courts ordering discovery abroad under domestic rules or the Hague Evidence Convention as an authorized foreign procedure?
Transnational Discovery and Foreign Law in U.S. Courts is an indispensable guide for legal professionals in areas such as transnational litigation and discovery proceedings. Legal academics and law students interested in The Hague Convention, U.S. courts, evidentiary privilege and conflict of laws will also find the insights here beneficial.
Critical Acclaim
‘Transnational Discovery and Foreign Law in U.S. Courts provides important practical and theoretical insights into one of private international law’s most challenging issues – the taking of evidence across U.S. national borders. Through a historical, comparative, and ultimately forward-looking lens, Professor Nombre discusses the problems associated with foreign non-disclosure laws, evidentiary privilege, and U.S. principles of federalism. This comprehensive but extremely readable book is a must for both practicing and academic lawyers.’
– S.I. Strong, Emory University School of Law, USA
‘A well-written and comprehensive study of a difficult issue, especially for American lawyers.’
– Patrick Borchers, Creighton University, USA
‘Among the most longstanding impediments to the smooth operation of transnational litigation has been the differences across legal systems in attitudes toward discovery and the contentiousness surrounding it. Nombre examines the problem through the comparative law lens that is essential in tackling problems such as this. It is both descriptively and normatively masterful.’
– George A. Bermann, Columbia University School of Law, USA
– S.I. Strong, Emory University School of Law, USA
‘A well-written and comprehensive study of a difficult issue, especially for American lawyers.’
– Patrick Borchers, Creighton University, USA
‘Among the most longstanding impediments to the smooth operation of transnational litigation has been the differences across legal systems in attitudes toward discovery and the contentiousness surrounding it. Nombre examines the problem through the comparative law lens that is essential in tackling problems such as this. It is both descriptively and normatively masterful.’
– George A. Bermann, Columbia University School of Law, USA
Contents
Contents
Foreword vii
Preface ix
Introduction to Transnational Discovery and Foreign Law in U.S. Courts
PART I THE EVOLUTION OF U.S. DISCOVERY PRACTICE AROUND FOREIGN NONDISCLOSURE LAWS
Introduction to Part I
1 Taking evidence abroad in civil and common law before the evidence convention
2 U.S. discovery practice in the evidence convention era
PART II COMPLIANCE WITH AEROSPATIALE IN FEDERAL AND STATE COURTS
Introduction to Part II
3 The proper application of Aerospatiale in federal court
4 The proper taking of evidence abroad in state court after Aerospatiale
Conclusion to Transnational Discovery and Foreign Law in U.S. Courts
Bibliography
List of authorities
Index
Foreword vii
Preface ix
Introduction to Transnational Discovery and Foreign Law in U.S. Courts
PART I THE EVOLUTION OF U.S. DISCOVERY PRACTICE AROUND FOREIGN NONDISCLOSURE LAWS
Introduction to Part I
1 Taking evidence abroad in civil and common law before the evidence convention
2 U.S. discovery practice in the evidence convention era
PART II COMPLIANCE WITH AEROSPATIALE IN FEDERAL AND STATE COURTS
Introduction to Part II
3 The proper application of Aerospatiale in federal court
4 The proper taking of evidence abroad in state court after Aerospatiale
Conclusion to Transnational Discovery and Foreign Law in U.S. Courts
Bibliography
List of authorities
Index
