There Is More to it Than Just Applying the Rules: Challenges of Mutual Legal Assistance between the U.S., United Arab Emirates, UK, France and Switzerland
Stéphane de Navacelle intervenes at the ABA Section of international law Commision. The panelists will compare and highlight the differences between common law and civil law systems regarding the taking of oral testimony. The panelists will discuss through the use of a hypothetical the procedural issues specific to the US, Germany and France, the differences between arbitration procedures and in criminal/civil procedures and give practical tips on the taking of evidence abroad (Hague convention, MLATs, US consulates, etc.). Relying on factual examples, panelists will cover a wide range of issues including: civility problems during depositions, court Intervention, sanctions for misconduct, appointment of a Judge or Master to oversee the procedure and the issues faced by the courts in dealing with international law and enforcement internationally of court orders regarding depositions.