Legal Definitions - abroad

In a legal context, abroad refers to anything or anyone located outside the geographical boundaries of a particular country, especially outside the jurisdiction where a legal matter is being considered or a court case is taking place. It signifies a location that is foreign to the legal system currently in question.

• Witness Testimony: Imagine a civil lawsuit being heard in a court in New York. A crucial witness who observed a key event in the case has since moved permanently to Australia. For the New York court, this witness is located abroad. The court cannot simply issue a subpoena to compel their attendance in New York. Instead, the parties might need to use specific international legal procedures, such as a letter rogatory or a deposition conducted via video conference, to obtain the witness's testimony from Australia.

• Asset Recovery: A business in Canada wins a significant monetary judgment against a former executive for embezzlement. However, the executive has secretly transferred all their personal wealth, including bank accounts and properties, to a small island nation in the Caribbean. From the perspective of the Canadian court, these assets are located abroad. The Canadian court's judgment does not automatically allow it to seize assets in the Caribbean. The Canadian company would likely need to initiate separate legal proceedings in the Caribbean nation to have the Canadian judgment recognized and enforced there to recover the funds.

• International Contract Dispute: Two companies, one based in Brazil and the other in South Africa, enter into a contract for the supply of specialized machinery. Their contract includes a clause stating that any disputes will be resolved through arbitration in London, United Kingdom. If a disagreement arises, the arbitration proceedings will take place abroad for both the Brazilian and South African companies, as London is a foreign jurisdiction to both. This choice of an "abroad" forum is common in international business to ensure a neutral location for dispute resolution.