The Globalization of Discovery
The Law and Practice Under 28 U.s.c. 1790
By: Lucas V. M. Bento
About This Book
Dispute resolution is ultimately a quest for curiosity and discovery. However, many jurisdictions do not afford an adequate level of discovery--the process of obtaining information to prepare for trial. Fortunately, pretrial discovery is firmly entrenched in both state and federal laws in the United States, and international litigants increasingly look to the U.S.'s generous discovery tools, particularly 28 U.S.C. § 1782 ("Section 1782"), which provides an avenue to access information from a person or entity residing or found in the United States for use in a foreign proceeding. This book is the first to provide a comprehensive overview of the law and practice of this globally indispensable statute. The author pursues Section 1782's interpretation through U.S. federal courts, synthesizes all major decisions in this area of law, notes tensions and conflicts where applicable and provides practitioners and adjudicators worldwide with strategic and practical insights into the opportunities and constraints of Section 1782 applications. Among the questions likely to be asked while considering a Section 1782 application, the author offers detailed answers to the following and more: Under what circumstances can Section 1782 be invoked? What goes into an application? How can a respondent or intervenor challenge it? When is a person "found" in the district, pursuant to Section 1782? Who qualifies as an "interested person?" What is a "foreign or international tribunal?" Can Section 1782 be used in aid of foreign arbitrations? Can it be used before a foreign proceeding is filed? Can discovery be obtained over documents located abroad? How can the discretionary factors defined in Intel--jurisdictional reach, receptivity, circumvention and burden--be satisfied or challenged? What circumstances have led courts to deny Section 1782 applications? The author provides an introduction to U.S. discovery concepts and terminology, with comparison to other tools of international discovery such as the Hague Evidence Convention. In addition to providing extensive analysis of judicial decisions interpreting the Section 1782 statutory test and the Intel factors, the book also surveys and synthesizes additional factors considered by the courts, such as the role of good faith and the importance of timing. With this invaluable book, practitioners will be able to confidently invoke or defend a Section 1782 application in any U.S. District and maximize chances of success. Adjudicators, global law firms, companies doing transnational business and international arbitration practitioners will approach any Section 1782 application with full awareness of applicable rules of procedure, statutory and judicial tests, and best practices.
AI Overview
"The Globalization of Discovery: The Law and Practice under 28 U.S.C. § 1782" by Lucas V. M. Bento is a comprehensive treatise that provides an in-depth analysis of the legal framework and practical applications of Section 1782. Here is a detailed overview:
Key Themes
- Global Discovery Procedures: The book focuses on the U.S. discovery procedures under 28 U.S.C. § 1782, which allow for the obtaining of evidence in the United States for use in foreign civil and criminal proceedings or arbitral proceedings.
- International Litigation: It explores how Section 1782 can be utilized by foreign litigants to access U.S. discovery mechanisms, making it a crucial tool in international litigation.
- Comprehensive Overview: The book is described as the first to provide a comprehensive overview of the law and practice concerning Section 1782, making it a seminal work in the field.
Plot Summary
The book delves into the statutory framework of Section 1782, detailing its historical context, statutory language, and judicial interpretations. It covers various aspects of the statute, including:
- Eligibility: Who can seek discovery under Section 1782, including "interested parties" in foreign proceedings.
- Scope of Discovery: What types of evidence can be obtained, including documents, testimony, and other forms of discovery.
- Procedure: The steps involved in seeking discovery under Section 1782, including filing applications with U.S. courts.
- Case Law: A thorough examination of significant court decisions that have shaped the interpretation and application of Section 1782.
Critical Reception
While specific reviews of the book are not provided in the search results, the publication of "The Globalization of Discovery" by Lucas V. M. Bento is noted in several legal and academic contexts, indicating its significance and relevance in the field of international litigation and discovery law.
Practical Implications
The book is particularly relevant for legal practitioners, scholars, and litigants involved in international disputes. It provides practical guidance on how to navigate the complexities of U.S. discovery procedures under Section 1782, making it a valuable resource for those seeking to leverage U.S. discovery mechanisms in foreign proceedings.
In summary, "The Globalization of Discovery" by Lucas V. M. Bento offers a comprehensive and authoritative treatment of the law and practice under 28 U.S.C. § 1782, making it an essential reference for anyone involved in international litigation and discovery.