ABSTRACT
This chapter is concerned with an aspect of transnational litigation which has a relatively long history but which has been the subject of important recent developments on both sides of the Atlantic, namely the problem of obtaining evidence which is located abroad for use in litigation commenced in the forum state. Hostility to American discovery in the context of material located abroad has led some countries to pass legislation specifically aimed at defeating American discovery requests for discovery. Discovery procedures are an important feature of English and American civil procedure. However, the meaning and scope of discovery in each system diverges considerably. A major problem in relation to the operation of discovery procedures in transnational litigation arises when the party requested to disclose documents alleges that the documents are located in a country the laws of which prohibit their disclosure.
