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Dispute Resolution and Arbitration
Northwestern Pritzker School of Law
Discovery of Evidence; International Litigation; privilege; foreign jurisdictions
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The Recognition Of Foreign Privileges In United States Discovery Proceedings, Kurt Riechenberg
The Recognition Of Foreign Privileges In United States Discovery Proceedings, Kurt Riechenberg
Northwestern Journal of International Law & Business
Discovery of evidence that is not available in the United States is a frequent problem in international litigation before United States courts. A common element of international litigation in such complex cases is that key witnesses reside abroad or crucial business documents belonging to foreign litigants are located in other jurisdictions. Due to the fact-dependent nature of these cases, courts in the United States have been confronted with numerous legal and practical obstacles in their attempts to obtain evidence, whether written or oral, from foreign litigants or non-party witnesses. Discovery orders of United States courts relating to testimonial or documentary …