Caught between a rock and a hard place — cross-border document requests in litigation

Access to documents in cross-border litigation can play a decisive role in the outcome of a dispute. Common law courts worldwide order the disclosure or discovery of all relevant documents (whether helpful or harmful).

However, some jurisdictions have legislation that restricts the provision of documents in support of foreign litigation. Where a court from one jurisdiction requests documents that are situated in a jurisdiction in which these restrictions apply, conflicting legal duties arise. The litigant may be caught between a rock and a hard place. By providing the documents, it may risk criminal prosecution in its home jurisdiction; if it does not, it risks being held in contempt of court in the jurisdiction where the dispute is being heard. Allen & Overy explores some recent cases highlighting these tensions…

If you are registered and logged in to the site, click on the link below to read the rest of the Allen & Overy briefing. If not, please register or sign in with your details below.

Sign in or Register to continue reading this article

Sign in

Register

It's quick, easy and free!

It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.

Register now

Why register to The Lawyer

 

Industry insight

In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.

 

Market intelligence

Identify the major players and business opportunities within a particular region through our series of free, special reports.

 

Email newsletters

Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.

More relevant to you

To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.

Analysis from The Lawyer

  • Panel reviews

    Panel reviews 2014: The chosen ones

    Which firms are cutting it in this era of slimline rosters, and who are the GC new brooms making clean sweeps? The Lawyer can reveal all

  • training

    Accutrainee: Revolution postponed

    At the time of its launch Accutrainee was described as a revolutionary change to the training model. Has it proved to be so? Not really.

View more analysis from The Lawyer

Overview

One Bishops Square
London
E1 6AD
UK
http://www.allenovery.com

Turnover (£m): 1,234.30
No. of lawyers: 2,194 (UK 200)
Jurisdiction: UK
No. of offices: 11
No. of qualified lawyers: 273 (International 50)