Foreign courts view discovery more narrowly than their U.S. counterparts, giving rise to problems when foreign parties wind up in American courts

Article Abstract:

Different rules regarding pretrial discovery and disclosure are a prime concern in international litigation, and US courts faced with this kind of conflict have usually opted for a balancing of the sovereign interests of the two affected countries. The disadvantage of such balancing is that it does not readily lead to any predictable 'bright line' or easily identifiable rules, and also assumes that US courts have the expertise to weigh the public policies and politics of foreign jurisdictions' law.

Laws, regulations and rules, Practice, International law, Personal jurisdiction, international

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High-yield bonds on the rise in Europe: European high-yield debt presents legal issues related to the differences between such bonds and their U.S. counterparts

Article Abstract:

European issuers have launched a number of euro-denominated bond issues and one non-European issuer has launched a high-yield euro-denominated issue in the first months of 1999. Differences in high-yield bond issues between the US and Europe, including the use of the clearing and settlement systems of Euroclear and the Cedel Bank, and many first-time European issuers' unfamiliarity with the SEC disclosure requirements, increase the vigilance required of counsel.

Europe, Analysis, Prices and rates, Bonds, Bonds (Securities), Eurocurrency market

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ADR aids resolution of insurance coverage cases; its advantages for both parties include privacy, jury avoidance, less discovery and lower costs

Article Abstract:

Mediation can be an effective way of resolving the insurance coverage disputes which since the mid-1980s have been the most complex litigation in the US. Insurance litigation can be lengthy, expensive and have uncertain results. Mediation of insurance coverage disputes offers the advantages of privacy, limitation of discovery, avoidance of a jury and of some expense and preservation of business relationships.

Cases, Dispute resolution (Law), Insurance law

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