New book published by ABA on obtaining evidence abroad to support US proceedings
Fox Williams’ head of dispute resolution, Gavin Foggo, has co-edited a new book, Discovery across the globe, published by the American Bar Association (ABA). The book provides expert guidance for litigators who need to obtain evidence in a jurisdiction other than their own. Covering 25 jurisdictions from Argentina to Venezuela and including the UK and the USA, each chapter discusses the controlling law on discovery to support litigation in foreign countries, including the type of evidence obtainable, confidentiality and privilege, alternative dispute resolution and costs. Notable cases for the jurisdiction are referenced in each chapter.
Gavin, who is an active member of the Litigation Section of the ABA and the Litigation Committee of the IBA, contributed the chapter on the United Kingdom (England and Wales) together with former Fox Williams associate Sabrina Janzik. He also worked with the lawyers in France, Italy, Germany, Japan, Nigeria and Switzerland, who contributed chapters for their respective jurisdictions.
Gavin Foggo commented: “The process of discovery, whilst key to the practice of litigation in the United States and other common law countries, is not widely available in the majority of civil law jurisdictions, and this can create problems for obtaining evidence in these jurisdictions. Today, and in large part reflecting the globalisation of business, litigation is increasingly likely to include international elements. Although the Hague Evidence Convention* provides a legal framework for requesting documents, in many cases contracting states have also adopted domestic legislation to supplement this. A number of other countries are not signed up to the Convention. As a result, the discovery process for international cases can be far from straightforward and may differ notably between jurisdictions.
“I am very grateful to my co-editors Brett Harrison of McMillan LLP in Toronto and Jorge Mestre of Rivero Mestre LLP in Miami, and our many expert authors. This new book provides practical insights for litigators who are seeking evidence in foreign jurisdictions.”
For further details and to obtain a copy of the book:
*The Hague Convention on the Taking of Evidence Abroad in Civil and Commercia Matters, 1970, has been adopted in 61 countries.