Globalization has created new challenges for companies threatened by, or embroiled in, cross-border litigation. Assets and evidence, in the form of witnesses and documents, may be spread across multiple countries and legal systems. Judicial attitudes and procedures in these systems can vary as much as national political relations, on such key concerns as reciprocity in the recognition of judgments and assistance to courts or litigants seeking evidence for cases pending in the jurisdiction.
Efficiently managed litigation in, or involving the development of evidence from, multiple jurisdictions requires a mix of consistent case direction, curiosity and creativity. Whether the litigation will be a success may turn on the “devil” or the “opportunity” found in unexpected details. Consequently, attorneys managing cross-border litigation who rely on expert outside counsel should not only develop familiarity with the international process for gathering evidence in general, but also explore with expert local counsel the practicalities or details of practice in the relevant jurisdictions.