English Court Orders Disclosure Notwithstanding French Blocking Statute

The English Court (Chancery Division) has again considered the problem created for French companies that are parties to litigation outside France by French Law No 68-678 of 26 July 1968 ("the Law"). The Law prohibits the communication or disclosure (and possibly even the search for) documents or information of an economic, commercial, industrial, financial, or technical nature for use as evidence in foreign judicial or administrative proceedings without an order of the French Court. Breach of the Law is a criminal offence exposing the company and individuals to up to six months imprisonment and/or a fine. (National Grid Electricity V ABB and Others, [2013] EWHC 822 (Ch), 11 April 2013).