ODEC 8020 - Transnational Proceedings: How to Gather Evidence?

This workshop will, on the basis of a real-life case, provide the students with the opportunity of elaborating a multijurisdictional litigation strategy to gather evidence in the context of various proceedings conducted in different fora, for the purpose of establishing their case before an arbitral tribunal. Specifically, the students will be requested to successively plead or defend (i) before a French judge a request for pre-trial discovery under French law, under article 145 of the French code of civil procedure, (ii) before a US judge, a request for document production and deposition of witnesses in aid of foreign proceedings under USC 1782 and (iii) before an arbitral tribunal, a Redfern schedule for obtaining various documents. All oral arguments shall be in English, including the pleadings before French courts based upon article 145 CPC.

Carine DUPEYRON,Marcos BARRADAS

Atelier

English

The case will be handed over prior to class, together with several articles on the various procedures that the students will have to present. Five to 8 hours of preparatory work is expected.

Autumn 2025-2026

The quality of the preparation, the strategy that will be set up and the oral arguments will be assessed.