As globalization continues to reduce barriers to the movement of goods, capital and ideas, today’s businesses routinely operate, invest, and sell their products in numerous jurisdictions around the world. As cross-border business transactions become the norm, rather than the exception, it is unsurprising that incidents of cross-border litigation are also on the rise. These disputes frequently involve parallel proceedings—both litigations and arbitrations—in jurisdictions governed by diverse legal systems. Lawyers representing clients in these complicated games of “three-dimensional chess” are therefore required to understand substantive and procedural nuances of each forum in order to obtain the best results for their clients. Scott Flaherty, “What It Takes to Dominate in the Elite Game of International Litigation,” American Lawyer, Sept. 28, 2017. In the United States, one tool of which every cross-border litigant should be mindful is §1782 discovery.
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