When dealing with cross-border disputes, various issues in relation to involving disclosure and evidence may arise. For insights into other considerations, see: Cross border considerations—checklist.
When dealing with disclosure in cross-border disputes, a wide range of considerations arise. These include managing a foreign client’s expectations, the impact, if any, of local laws in the jurisdiction in which the documents are located, data protection considerations, the control of documents outside England and Wales, disclosure requirements in relation to foreign language documents, including whether there is an obligation to provide translations, and whether privilege attaches to the documents and their translations. For insight, see Practice Note: Cross-border evidence and disclosure—a guide for dispute resolution practitioners.
Evidence may be obtained from a non-party to proceedings on the basis that they can provide evidence as to the identity of a wrongdoer or provide evidence as to a potential claim in cases such as fraud. The non-party is generally an innocent party who may possess the requisite information required by the claimant/potential claimant. For guidance, see Practice Notes:
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Hague Service Convention—service outside the jurisdictionThis Practice Note considers the Convention on the service abroad of judicial and extra-judicial documents in civil or commercial matters (1965) (the Hague Service Convention). The convention applies between contracting parties and sets out
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