Lawrence W. Newman has been a partner in the New York office of Baker & McKenzie since 1971, when, together with the late Professor Henry deVries, he founded the litigation department in that office. He is the author/editor of 4 works on international litigation/arbitration.
Michael Burrows, Formerly, Of Counsel, Baker & McKenzie, New York.
Litigators in this country have grown accustomed to gathering evidence according to the liberal rules of discovery which prevail in the federal and state courts. While the United States has unilaterally made available the full range of its discovery system to those seeking evidence for use abroad, American litigators continue to face substantial obstacles when attempting to conduct U.S.-style discovery in foreign jurisdictions. The Hague Convention on the Taking of Evidence Abroad in Civil or Commercial Matters,1 which entered into force for the United States on October 7, 1972, has somewhat simplified and liberalized the system of international judicial assistance among its signatories. Nevertheless, the quest for evidence abroad for use in the United States remains an involved and often frustrating adventure.