Litigation in New York often relies on the analysis and application of either state statutes or federal regulations. However, laws in other countries can impact the outcome of domestic legal disputes.
During business lawsuits, in particular, international laws might theoretically influence the outcome of the lawsuit. New York litigation attorneys may sometimes be able to leverage international statutes as a means of helping their clients prevail during a domestic lawsuit.
What are some of the ways in which foreign laws might influence the outcome of a pending lawsuit?
Asserting choice of law in contract disputes
Those engaging in international business dealings often have to clarify the laws that govern the agreement. If an organization doing business with a company headquartered in the United Kingdom (UK) agreed to adhere to UK laws in the contract, then those laws can theoretically influence the outcome of litigation related to that contract.
Avoiding forced disclosures during discovery
International laws may limit the release of information that parties might otherwise have a legal obligation to provide in a traditional lawsuit scenario. Discovery rules give plaintiffs and defendants the right to request financial records, related contracts and other records to prove their legal cases.
Foreign laws that established clear privacy protections may prevent the forced disclosure of private information during the discovery process. Specific laws, including the French “Blocking Statute” or the European Union’s General Data Protection Regulation (GDPR), can protect those litigating a case in the United States from forced disclosures due to discovery rules.
There may be a handful of other scenarios in which foreign statutes could influence domestic litigation in New York. For example, the right of the courts to investigate independently regarding what plaintiffs and defendants assert in the courtroom could lead to an analysis of foreign laws, especially if those laws factor in the legal arguments made by either party’s attorney.
Working with a legal professional familiar with the complexities of international business operations and litigation can be beneficial for those anticipating a lawsuit. Both plaintiffs and defendants might benefit from partnering with an attorney who can invoke foreign statutes to influence the outcome of a domestic lawsuit.