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Trans-Jurisdictional Transactions
In this three-part series, we are examining the highly complex dispute resolution issues that companies face when engaging in cross-border transactions. The unique nature of these multi-jurisdictional litigation issues can stymie even the most experienced counsel, and a keen understanding of the laws and issues behind such matters is vital to a successful result.
The series began with an examination of the complexities surrounding the post-judgment collection process. In this second installment, we explore the information-gathering phase during the litigation process, and how litigants must navigate through the turbulent trans-jurisdictional waters to prepare their case. In part three, we will discuss how to infuse predictability into the cross border transaction through draftsmanship and forward thinking.
The Information-Gathering Phase
No aspect of the extension of the American legal system beyond the territorial frontier of the United States has given rise to so much friction as the requests for documents in investigation and litigation in the United States.
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