The Hague evidence convention and discovery inter partes: trial court decisions since Aérospatiale

Chalmers, J. (2000) The Hague evidence convention and discovery inter partes: trial court decisions since Aérospatiale. Tulane Journal of International and Comparative Law, 8, pp. 189-215.

Abstract

This Article examines the approach of trial courts to the question of obtaining evidence from parties located in a foreign jurisdiction as part of the discovery process since the 1987 Supreme Court decision in Societe Nationale Industrielle Aerospatiale v. United States District Court for the Southern District of Iowa. 1 It outlines the background to the decision in Aerospatiale and the decision itself, highlighting some of the unresolved questions which have been important in the treatment of the Hague Evidence Convention by United States courts. It then turns to examine the decisions of trial courts since 1987, analyzing how the approach of trial courts could be modified to better protect the foreign sovereign interests implicated in extraterritorial discovery.

• Item Type: Articles
• Status: Published
• Refereed: Yes
• Glasgow Author(s) Enlighten ID: Chalmers, Professor James
• Authors: Chalmers, J.
• College/School: College of Social Sciences > School of Law
• Journal Name: Tulane Journal of International and Comparative Law
• ISSN: 1069-4455