The Use and Abuse of 28 U.S.C. Section 1782 Litigation in England

13 Pages Posted: 20 Jul 2023

See all articles by Lawrence Collins

Lawrence Collins

University College London - Faculty of Laws

Date Written: July 18, 2023

Abstract

The paper considers the attitude of English courts to the resort, by parties to English proceedings, to US federal courts in order to obtain evidence under the Federal Court’s power under the United States Code to order a person to give evidence or produce documents for use in a proceeding in a foreign tribunal “upon the application of any interested person.” The paper details the circumstances in which the English court will, or will not, grant an injunction to restrain a party from English proceedings continuing with an attempt to supplement, or circumvent, English court procedures by the use of US courts.

Keywords: Conflict of laws, international litigation, anti-suit injunctions

JEL Classification: K40, K41

Suggested Citation

Collins, Lawrence, The Use and Abuse of 28 U.S.C. Section 1782 Litigation in England (July 18, 2023). New York University Journal of International Law and Politics (JILP) (Special Issue of Essays in honour of Professor Linda Silberman, 2023), Faculty of Laws University College London Law Research Paper No. 12/2023, Available at SSRN: https://ssrn.com/abstract=4514037 or http://dx.doi.org/10.2139/ssrn.4514037

Lawrence Collins (Contact Author)

University College London - Faculty of Laws ( email )

Bentham House
4-8 Endsleigh Gardens
London, WC1H 0EG
United Kingdom

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