Restatement (Third) Foreign Relations Law § 442

Definition

A provision of the Restatement directing that a court moderating disputes over extraterritorial discovery balance equitable factors within its discretion, such as the importance of the discovery sought, the specificity of the requests, whether the information originated in the United States, whether there are alternative means of obtaining the information, whether noncompliance would undermine important American interests, the hardship imposed on the resisting party if it were forced to comply, and whether the resisting party has made a good-faith effort to seek permission from the foreign state to furnish the information.