The Use and Abuse of 28 U.S.C. Section 1782 Litigation in England
13 Pages Posted: 20 Jul 2023
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: Suggested Citation