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The Hague Convention On Taking Evidence Abroad: Conflict Over Pretrial Discovery, Margaret T. Burns
The Hague Convention On Taking Evidence Abroad: Conflict Over Pretrial Discovery, Margaret T. Burns
Michigan Journal of International Law
This note asserts that the Hague Convention is not the exclusive vehicle available to U.S. litigants for taking evidence abroad. It argues that in certain circumstances, U.S. courts should allow litigants to use the more liberal methods of the Federal Rules when seeking evidence from party litigants in other signatory nations.
The Two-Way Mirror: International Arbitration As Comparative Procedure, Andreas F. Lowenfeld
The Two-Way Mirror: International Arbitration As Comparative Procedure, Andreas F. Lowenfeld
Michigan Journal of International Law
In particular, by focusing on selected aspects of the international procedure of international arbitration, as well as on different approaches to the problem of choosing the source of the law to be applied, the author hopes to give the outsider some feeling for the process, and some perception of how international arbitration is different both from domestic arbitration and from litigation in national courts. The author has an additional purpose, as well, however, though: to be sure not to sound too pretentious about it. Focusing on the record, on discovery, on examination of witnesses, and on choosing a choice of …