Societe Nat. Ind. Aero. v. U.S. Dist. Court

In Societe Nat. Ind. Aero. v. U.S. Dist. Court (1987) 482 U.S. 522, the United States Supreme Court also ruled that the Hague Convention is not the exclusive means of obtaining evidence abroad. "A rule of exclusivity would subordinate the court's supervision of even the most routine of these pretrial proceedings to the actions or, equally, to the inactions of foreign judicial authorities." (Aerospatiale, supra,482 U.S. 522 at p. 539.) The court noted the Hague Convention itself includes no statement declaring a preemptive intent. (Ibid.) However, the Aerospatiale court rejected any notion that the Hague Convention establishes a "minimum measure of international cooperation," as the Volkswagenwerk Aktiengesellschaft v. Superior Court (1973) court believed. To the contrary, "the text of the Hague Evidence Convention, as well as the history of its proposal and ratification by the United States, unambiguously supports the conclusion that it was intended to establish optional procedures that would facilitate the taking of evidence abroad. " (Id. at p. 538.)