Dudley
480-965-0273
xxxxxx@asu.edu
-----Original Message-----
From: James L Bates [mailto:xxxxxx@LSU.EDU]
Sent: Tuesday, September 04, 2001 9:45 AM
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: Arizona_______________________
2. Is your institution: _x__ public ___ 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 _X__ no (we have made limited exceptions)
4. If the answer is no to question 2, is your refusal based on: _x__ institutional policy ___ 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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