Article · Dispute Resolution
Winning Abroad and Collecting at Home: How Cross-Border Disputes Actually End
28 U.S.C. § 1782
- Type
- Article
- Jurisdiction
- National
- Date
- 2025-05-26
- Topic
- Dispute Resolution
Winning a case abroad and collecting on it are two different projects, and the second is usually harder. This article explains how cross-border disputes actually end, starting from the question that should be asked first: where are the assets. It covers serving a defendant in another country under the treaty framework and the traps that void service. It explains why obtaining evidence abroad is slower and narrower than domestic discovery, and why one American statute has become the most-used discovery tool in international practice. It sets out how foreign judgments are recognized and the small number of grounds on which recognition is refused. It explains why arbitral awards travel better than judgments and what that means for drafting. It closes with enforcement against sovereigns and the practical reality of asset tracing.
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