About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

7 J. Priv. Int'l L. 1 (2011)

handle is hein.journals/jrlpil7 and id is 1 raw text is: Joiial of Private Ineiatioial La6 Vol. 7 No. 1 JURISDICTIONAL DISCOVERY IN TRANSNATIONAL LITIGATION: EXTRATERRITORIAL EFFECTS OF UNITED STATES FEDERAL PRACTICE SI STRONG* A. INTRODUCTION Despite the increasing transnationalisation of litigation,' questions of procedure typically remain highly provincial.' This phenomenon might be explained in several different ways: a lack of political wvill to provide special procedural rules for non-residents, a jurisprudential preference for considering international dis- putes as largely analogous to domestic disputes,4 or a failure to understand how extraordinary one's national practices are. The first two factors largely reflect PhD (la), liversity of Carnbricdge; DPhil, University of OxIibr JD, Duke n jirsity; MPH University of Southern California; BA, University of California, Davis. The author, who is acdnitted as an atn torny in New York and Illinois and a solicitor in England and Wales, is Asso- date Pr o f es of Law at the University of Missouri and Senior fellow at the Center for the Staly of Di pute Resolution. The author graci lly acknowledges gecrous finan cial support frorn the Unixversity of Iissouri Law School Founcidaoio during the drafting of this article as wel as hlplil conmntis niacL by ano inoui(s re( 1 u iring the s uimission proces. All errors of course remain the aithor's ownX . See PR Dubinsky, Is Transnational lion a Dis inct Ficl? The Pr sis tce of Excepin- alisn in American Procedural Law ' (2) 4 Stet a, oa of Inte ronal Law 30 1, 3-0 SecS Dodson, Comra iitiv Convergences in Pleading Standards (201) 18 U nis j Pennslania Law Rew 1, 4 TO Main, The Procedural iounidation oi Substantix Law (2010) 87 14shng o fiL Reiew 801, 837 (noting that states may be rnore likely to consider abandoninig thir own substantive regimes of connem rcial law or intellectual propery ... than thei s u 1 , irrender their own procedurc). Rc ci effirts to establish al internationally acceptable system of trainsiational civil procedure have not found widespread success. See ALI/LNIDROIT, Princl o, Tranat ('vi Procdur (Canbidg1(e U iverix Press, 2006), xxix, xxxvil- XXxi 1 oting impact ofthe ALI/ UNIDROIT Principles in Mexico); OG Chase el at (1ls), (il Lit 'i Comarive nx St P Iul N, Thornson West, 2007), 574-75 (noting the -L1L/UNIDYROIT Prini av t been adopted by anry national courQ). Eg some states may be concerned that departing fr ih status quo will harm individuals or busilesses residCet i their territorics. S C GB Born, Criical Obseivations onl the Draf Tran- snationial Rules of Civil Procedure (1998) 33 exas lterniational Law journal 387, 408, 410-11. See Dubinsky, supra n 1, 306 (sggesting UTS courts look at international disputes as a v rian on interstate litigation). See KM Cler1on1 t and JRB Palmer, Exorbitant Jurisdiction (2006) 58 faiiie Re e 474, 474-75 (ioting that lawyers tend to overlook their own countries' excesses and suggesting (hat some state justi hifeir own national practices on he grounds that other states' procedural Practices are equally cliscriminatory to non-residents). 1I

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most