[en] In this short comment on a decision issued by the Commercial Court of Termonde, I offer some thoughts on the possibility for a business established in Belgium to seek protection in Belgium against discovery proceedings in which it is involved before a court in the US. In the case commented, the court refused the relief sought mainly because it found that enjoining the defendant would constitute undue influence in the proceedings pending in the US.
Precision for document type :
Analysis of case law/Statutory reports
Disciplines :
European & international law Criminal law & procedure
Author, co-author :
Wautelet, Patrick ; Université de Liège - ULiège > Département de droit > Droit international privé
Language :
English
Title :
Discovery en de WHPC (case note : Commercial Court of Termonde - 3 January 2000
Alternative titles :
[en] How to Counter US Style Discovery from Belgium Using the Restrictive Trade Practices Act