Even where a party prevails on its choice of forum outside the United States, evidence vitally important to the case may remain firmly lodged in this country; 28 U.S.C. §1782 is an invaluable tool in such circumstances, permitting discovery of evidence located in the United States for use before a foreign tribunal. The saga of Chevron Corporation, as recently told by the U.S. District Court for the Southern District of New York in In re Application of Chevron Corp.,1 provides a classic illustration of how to use that tool effectively in cross-border litigation.
The intrigue surrounding the litigation arising from the Ecuadorian oil exploration and drilling activities of Chevron’s predecessor, Texaco, is sufficiently interesting to have been the subject of a movie. And it is the outtakes of that movie, which Chevron believes will support its position in three separate litigations pending in Ecuador, that Chevron sought to obtain from the filmmaker under §1782 in In re Application of Chevron Corp.
The Litigation Backdrop
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