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American Assistance To Litigation In Foreign And International Tribunals: Section 1782 Of Title 28 Of The U.S.C. Revisited, Hans Smit

Syracuse Journal of International Law and Commerce

In the following, primary consideration will be given to the constructions given to Section 1782 by the courts. My conclusion will be that, on the whole, Section 1782 has served its intended purpose, that, on occasion, some courts have given it a construction that is at odds with both its clear text and evident purpose, but that it is reasonable to expect that, over time, the courts and commentators will fall into line and will apply Section 1782 in a manner consistent with its purpose of facilitating the conduct of litigation with international aspects.