Obtaining evidence in another jurisdiction in business disputes
This work provides a comparative study of the procedures for obtaining evidence in civil and commercial matters in the major jurisdictions in Asia/Pacific, Europe, North America and Latin America. This Second Edition addresses the significant developments in the application of the Hague Convention on the Taking of Evidence Abroad in Civil or Commercial Cases, and in the internal procedures in the various jurisdictions. it covers the law to January 1993, and forms part of a larger collection of works addressing Pre-Trial, and Trial Procedures, Appeals, and Enforcement of Judgments . The authors are drawn from among the leading commercial law firms in each of the fifteen jurisdictions, As are the two editors who also serve as senior members of the IBA's Litigation Committee.
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1970 Convention 27 sub-rule action afﬁdavit Akrotiri and Dhekelia apply arbitration Argentina Aruba attomey Australia Belgian Belgium Britain and Northem Canada Cayman Islands Central Authority certiﬁed civil or commercial Civil Procedure Commercial Matters commission rogatoire compelled conceming consular ofﬁcer court or tribunal Cyprus Czechoslovakia declaration deposition difﬁculties diplomatic district court Entry into force Evidence Abroad Evidence Act examination of witnesses expert Federal Rules ﬁrst foreign court foreign litigants France govemment Hague Convention High Court inspection intemal law interrogatories issued judicial authority jurisdiction legislation letter of request letter rogatory motion Netherlands Northem Ireland oath objection obtaining evidence ofﬁce ofﬁcial party pending person pre-trial discovery production of documents pursuant questions ratiﬁed refuse relevant requesting authority requesting court Rio Tinto Zinc Rules of Civil secret privilege Section South Wales Sovereign Base Areas speciﬁc subpoena sufﬁcient supra fn Supreme Court take evidence taking of evidence testimony tion treaties trial United Kingdom Zealand