Re: Choice of Law Hastings, Kari L 04 Sep 2001 14:17 EST

> -----Original Message-----
> From: James L Bates [SMTP:xxxxxx@LSU.EDU]
> Sent: Tuesday, September 04, 2001 12:45 PM
> To:   xxxxxx@HRINET.ORG
> Subject:      [RESADM-L] Choice of Law
>
> I want to thank those who responded to my question on choice of law
> provisions in your state.  For your convenience, I have copied my question
> to the listserve below:
>
>    There is a Louisiana statute which prohibits state agencies from
>    agreeing to any provision in a contract which requires interpretation
> of
>    the agreement according to the laws of another jurisdiction.  I am
> aware
>    of other states which have similar laws, and we are usually able to
>    resolve this issue when negotiating subawards with other public
>    universities by agreeing to be silent on the choice of law.
>
>    However, sponsors (usually commercial) will occasionally argue that
>    universities in states other than Louisiana readily agree to be bound
> by
>    the laws of another jurisdiction and consequently we are unreasonable
> in
>    our position.  I would like to conduct a survey on the choice of law
>    provisions in other states.  If you will share the information with me,
>    I will compile a list of states which have a statutory choice of law
>    requirement and post it to RESADM-L at a later date.  A list of states
>    which have choice of law provisions would prove useful when this issue
>    arises during contract negotiations.
>
> Unfortunately, I did not ask the question as clearly as I should have.
> Please take a moment to fill in the blanks below and respond directly to
> me.  I will compile a list of responses and post it to the RESADM-L.
>
> 1.  Your state:  _ [Hastings, Kari L]  Massachusetts
> ______________________
>
> 2.  Is your institution:  ___ public   __ [Hastings, Kari L]  x _ private
>
> 3.  Will your institution agree to a contract provision which requires
> interpretation of the agreement according to the laws of another
> state/country:  ___ yes  __ [Hastings, Kari L]  x _ no
>
> 4.  If the answer is no to question 2, is your refusal based on:  ___
> institutional policy  _ [Hastings, Kari L]  x __ state law
>
> Jim
> ________________________________________
> James L. Bates
> Director, Office of Sponsored Programs
> 330 Thomas Boyd Hall
> Louisiana State University and A&M College
> Baton Rouge, Louisiana 70803
> Phone: (225)578-3386
> Fax: (225)578-5403
> e-mail: xxxxxx@lsu.edu
>
>
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