Re: venue, jurisdiction, and laws of another state Herbert B. Chermside 03 Apr 2000 08:14 EST
At VCU this does give me problems. By virtue of being an "instrumentality" of the state, we must take positions that a government would: sovereignty; a part of the public good; the maker and enforcer of law and justice; etc. On the other hand, I am bargaining in most ways as a "competent party" in a social and judicial environment in which each party is considered to be on even terms. So, it is not equal -- but the inequality flows both ways. I cannot agree to binding arbitration -- but I must bear the cost and confusion of judicial resolution, represented by the state's Attorney General, rather than someone of my choice. I generally find that openness about these conflicts and what they cost all parties makes things move along. To me, the larger concern is, "Should we be in this negotiation?" My institution fills the social roles both of university and of government. Our environment (physical and social) is not the same as, for example, industry's. There is overlap. If we can keep our interactions in that overlap, we are creating a win-win situation. When we slip out of the overlap, the relationship becomes, at best, a zero sum game, in which I must loose for him to win, and we should not enter or remain in that relationship. If a bargainer is adamant in the face of reasoned justification, maybe the problem is that we've slipped into the win-loose area. If we are to remain in the win-win area, we must come up with imaginative solutions. Sometimes redefining the problem helps: I cannot accept binding arbitration, but I really do not want disputes to elevate to that level, nor does my colleague with whom I am negotiating; how can we obviate disputes, or defuse them early? You have indicated some good ways of avoiding win-loose across some interesting differences in environments. If I'm prohibited from using them because of a specific of my environment, I just have to find another way that does work, by examining where the overlap of environments really is in the case at hand. Chuck At 10:08 AM 4/2/00 +0100, you wrote: >This is an interesting thread since I have been involved in efforts to >encourage greater collaboration between US institutions and their >counterparts in the European Union. I would therefore be interested to >know how you deal with international agreements in terms of governing >law, jurisdiction, arrangements for arbitration etc. > >>From where I sit on a small island that is a member of the European >Union through which we have many research collaborations with partners >in other EU countries, we have had to develop a measure of flexibility >in how we approach these issues. As you can imagine, if being asked to >accept the law/jurisdiction of the state next door which operates within >the same legal system and in the same language gives rise to >difficulties, within Europe with its multiplicity of legal codes and >languages this is a non-trivial issue. > >It may also be of interest to know that in many parts of the world, >where there is not the same confidence in the impartiality of the legal >process, it is not unusual to draft agreements so that any legal >proceedings will take place in a neutral third-party jurisdiction. > >Best wishes > >R >-- >Richard Tomlin | Centre for Higher > | Education Research, >tel: (+44)(0)191 222 6820 | Joseph Cowen House, >fax: (+44)(0)191 222 8170 | University of Newcastle, >e-mail: xxxxxx@ncl.ac.uk | Newcastle NE1 7RU, UK. > > http://www.staff.ncl.ac.uk/richard.tomlin > > >====================================================================== > Instructions on how to use the RESADM-L Mailing List, including > subscription information and a web-searchable archive, are available > via our web site at http://www.hrinet.org (click on "Listserv Lists") >====================================================================== > Herbert B. Chermside, CRA Director, Sponsored Programs Administration Virginia Commonwealth University PO BOX 980568 Richmond, VA 23298-0568 Express Delivery Only: Sanger Hall, Rm. 1-073 11th & Marshall Streets Richmond, VA 23219 Voice: 804-828-6772 Fax 804-828-2521 OFFICE e-mail xxxxxx@VCU.EDU Personal e-mail xxxxxx@vcu.edu http://views.vcu.edu/ospa/ ====================================================================== Instructions on how to use the RESADM-L Mailing List, including subscription information and a web-searchable archive, are available via our web site at http://www.hrinet.org (click on "Listserv Lists") ======================================================================