discoverable information

作者:胡梅 Holly Blackwell  金杜律师事务所争议解决组 上海分所


Continue Reading 在中国境内为美国诉讼取证

By Meg Utterback and Holly Blackwell King & Wood’s Dispute Resolution Group

The concept of US discovery is very alien to the uninitiated litigant and particularly foreign to Chinese parties, because the Chinese litigation process is far different.  China proceedings are conducted much like other civil code jurisdictions, with the parties proffering only evidence that supports the claims or defenses.  US discovery is intended to uncover both supporting and damaging evidence.  US discovery rules provide litigants liberal access to information possessed by opponents, and even third parties, such as internal company emails, documents, records, and policies.  Disclosure of requested information may be required, even though such disclosure would be prohibited under PRC law.  The Hague Convention provides one avenue of obtaining evidence located in China, but US courts are not always willing to require the use of the Hague Convention procedures where a party has submitted to the jurisdiction of the US court.  Recent US cases demonstrate the challenges of requiring discovery from Chinese parties and the challenges that Chinese parties face in US courts.

Continue Reading Obtaining Discovery in China for Use in US Litigation