In the World Series, the home team gets to play by its rules: In American League stadiums, teams use the designated hitter, and in National League stadiums, pitchers bat for themselves. Litigation often features a similar home-field advantage, as the site of litigation determines the rules of the contest. As litigation becomes increasingly international, clients more and more face litigation in tribunals outside of the United States, including foreign courts and regulatory bodies, multilateral institutions and international arbitration, many of which have different procedures than American courts.
One notable difference between most foreign jurisdictions and the United States is the scope of discovery. Many foreign legal systems perceive American-style discovery as unduly intrusive and unnecessarily expensive. In those systems, discovery is often limited and a litigant might not have the opportunity to collect materials that it needs, either from its adversary or from third parties. Often, non-governmental parties may not compel materials from non-parties. Fortunately, U.S. law provides a way for litigants in foreign proceedings to obtain discovery through U.S. courts.
