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Matthew Showler & Villasha Anbalagan explore the widening options for obtaining cross-border judicial assistance
- Letters of request remain the traditional mechanism for obtaining evidence abroad, but they may not be the only option available to litigants.
- In the US, section 1782 applications and chapter 15 discovery may provide powerful alternatives for obtaining evidence in support of foreign proceedings.
- The UAE’s offshore common law courts (DIFC and ADGM courts) continue to strengthen the UAE’s role in supporting cross-border litigation.
International litigation has become increasingly borderless. For example, while the dispute itself may be heard in London, the evidence rarely remains confined to one jurisdiction. Key witnesses may be based in New York, documents may be held by third parties in Dubai, and assets may be located across several countries.
The practical challenge is therefore not only whether a court has jurisdiction over the dispute. It is also how to obtain evidence from individuals or entities outside the court’s reach.
Traditionally, letters of request have been one of the principal mechanisms through which courts assist
