Diamonds or mud, important information to a case can be located internationally, but getting to it can be one big mess. Is it worth it and what does the lawyer do? This information can make or break a case and oftentimes is required by law to be produced, but at the same time is locked down by the country that houses the data. Rules that U.S. lawyers are accustomed to do not apply to foreign countries; they have their own regulations. At the same time, there are many good reasons for having data and company professionals located in foreign jurisdictions.
There is no automatic right to discovery in international law. To the extent potential evidence is shared between the parties, it is usually limited to materials for the resolution of issues under a narrow definition, including materials prepared or relied upon by experts. Each party produces documents upon which it will rely to present its case. Effectively, each party turns over what it believes is relevant to the matter. This is a much different process than what is required in the United States, where discovery is applied with a much larger brush.
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