U.S. evidence for foreign cases · Get My Discovery — a d/b/a of the Law Office of Derek J. Soltis
§ 1782 · Cayman & BVI · Offshore

U.S. evidence for Cayman & BVI disputes

Offshore funds and companies are often just holding structures — the real money trail runs through U.S. banks. When a Cayman or BVI dispute needs that trail, 28 U.S.C. § 1782 is the tool that reaches it.

Cayman Islands and BVI litigation — fund liquidations, shareholder and fraud disputes, and asset-recovery claims — frequently depends on evidence that sits in the United States: correspondent-bank records, fund administrators, prime brokers, and counterparties. Section 1782 lets a party (or a liquidator) ask a U.S. federal court to compel that evidence for use offshore.

Why offshore litigants use § 1782

Common offshore scenarios

Disputes before the Grand Court of the Cayman Islands or the BVI Commercial Court needing U.S.-held documents; fund liquidations and insolvency where official liquidators trace and recover assets; fraud, misappropriation, and unjust-enrichment claims following money through New York; and enforcing an offshore judgment against assets in the United States.

Does it qualify? After ZF Automotive (2022), § 1782 covers foreign court proceedings — Cayman Grand Court and BVI Commercial Court litigation, and court-supervised insolvency and liquidation, squarely qualify. Purely private commercial arbitration generally does not, though a related court action may. See the arbitration note.

How it works

We act as your U.S. counsel: we confirm fit, identify the right U.S. federal district (where the bank, administrator, or witness is found), prepare and file the application — usually ex parte — and see it through to production. Your offshore counsel or liquidator keeps the matter; we handle the U.S. side. For firms, see For Foreign Counsel.

Tracing offshore assets through U.S. banks?

Tell us about the Cayman or BVI proceeding and what you're trying to trace. We'll give you a candid read on whether § 1782 fits.

Request a consultation Asset tracing with § 1782

Related: The Complete Guide to § 1782 · Trace assets & enforce a foreign judgment · Evidence from U.S. banks & tech

This page is attorney advertising and provides general information about 28 U.S.C. § 1782; it is not legal advice and does not create an attorney-client relationship. Availability is fact-specific and varies by U.S. federal district. Prior results do not guarantee a similar outcome. Get My Discovery is a d/b/a of the Law Office of Derek J. Soltis, admitted in New York (Reg. #5175971).