Every case begins at the end. Too often, lawyers see service of process as a routine procedural matter, that must satisfy only the local court and the local rules. However, in international litigation, how and where to serve is an essential question. A good lawyer considers both the site of the trial, site of enforcement, and many other factors, in choosing from among the several options, that are available under various sets of rules in international civil procedure.

The taking of evidence and discovery – or “disclosure,” as it’s sometimes called in jurisdictions outside of the United States – can vary from country to country, and sometimes even from one political division to another, within the same country. Whether US counsel is seeking to take a deposition in another country for use in a US proceeding, or whether foreign counsel is pursuing the production of documents in the US for use in a foreign proceeding, FSLO can help get the evidence that is needed, and in a form that what would be admissible and usable in the appropriate tribunal.

Drafting a judgment to be recognized and executed in another jurisdiction, requires knowledge and understanding of what a jurisdiction expects in a judgment. Moreover, it requires careful planning and strategizing, where possible, to craft the judgment for maximum enforcement in the receiving jurisdiction.

Too many times international litigation means suing a foreign party in the US court. However, the wise approach may be to make use of foreign courts, especially where parties outside of the US may be hard to serve, and where enforcement of a US judgment may be difficult. Time upfront spent developing a strategy can mean a simpler, smoother proceeding later on.