Document Type
Essay
Publication Title
Emory Int'l L. Rev. Recent Dev.
Publication Date
2021
Abstract
This Essay proposes a new approach to E-Discovery disputes in U.S.-China litigation. More specifically, it proposes a guide on best steps to take to resolve E-Discovery disputes in U.S. courts involving Chinese entities in general and Chinese banking and financial entities in particular. This Essay asserts that U.S. litigants should be required to attempt exchange of documents via the Hague Evidence Convention first. Additionally, the Aerospatiale Test should be expanded to include the Restatement Third International Comity Balancing Test. Using these steps and sources of law, U.S. courts will be able to resolve these discovery disputes much more efficiently and with greater satisfaction by all parties.
Volume
35
First Page
76
Recommended Citation
Julie Sher,
Cross-Border E-Discovery: Production of ESI from Chinese Entities,
35
Emory Int'l L. Rev. Recent Dev.
76
(2021).
Available at:
https://scholarlycommons.law.emory.edu/eilr-recent-developments/32