The increase in globalisation continues to erase borders throughout the world economy. Organisations now routinely conduct business in countries that were previously unknown to their industry vertical. The trend of global integration is certain to increase, with reports such as the Ernst & Young 2011 Global Economic Survey confirming that 74 per cent of companies believe that globalisation, particularly in emerging markets, is essential to their continued vitality.
Not surprisingly, this trend of global integration has also led to a corresponding increase in cross-border litigation. For example, parties to US litigation are increasingly seeking discovery of electronically stored information from other litigants and third parties located in Continental Europe and the United Kingdom. Since traditional methods under the Federal Rules of Civil Procedure may be unacceptable for discovering ESI in those forums, the question then becomes how such information can be obtained.
