In Search of Evidence in Aid of Foreign Proceedings? Andy Frischknecht and Sam Roberts Compare Tools Available in the US and England in IBA Article

August 2021 – Andy Frischknecht and Sam Roberts (Cooke, Young & Keidan LLP) have published an article on “Evidence Gathering in Aid of Foreign Proceedings in the US and England” in the International Bar Association (IBA) Litigation Committee’s most recent newsletter. The article provides a practical overview of what litigants can expect in the US and England when seeking evidence for use in foreign proceedings. From a US perspective, Andy focuses mainly on Section 1782 discovery – a unique and powerful tool that enables foreign litigants to apply directly to a U.S. federal court for an order authorizing (and, if necessary, compelling) the production of documents or witness depositions. The authors address a number of key recurring issues, including:

• What procedures exist to gather evidence in aid of foreign proceedings?
• What types of evidence can be obtained?
• For what types of foreign proceedings are these procedures available?
• How does the process work?
• What practical considerations should clients and their counsel bear in mind?

Click here to read the full article.

The IBA Litigation Committee meets annually at the main IBA Conference and a specialist litigation conference to exchange ideas on legal, practical and procedural aspects of litigation, with a particular focus on cross-border issues such as jurisdiction, choice of law, and the role of international judicial assistance in dispute resolution. Andy serves as an officer on the IBA Litigation Committee.