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Discovery privileges are much narrower abroad
08/03/2009
Source:
National Law Journal
Howrey partner Melanie Willems (LO), authored the article “Discovery privileges are much narrower abroad”
“Disclosure, or discovery, means a right to see and use documents held by the other party to any dispute (or perhaps by a third party) or to require the provision of information. Rules of disclosure vary from country to country as to:
- Who has to disclose documents or provide information.
- What documents must be disclosed, what can be withheld and what sort of steps a party must take to locate documents.
- When documents must be disclosed.
“This article looks at the different approaches to disclosure under U.S. and English law and in international arbitration, including recent trends in the approach of the courts to assisting arbitrators with disclosure.”
“The courts in common law countries and civil law countries approach disclosure quite differently.”
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