As an arm of the State of Arkansas, we are not authorized to give
jurisdiction to another state. It would take an act of the Legislature to
change it. Most of the time this is not a deal breaker.

> -----Original Message-----
> From: Kent Walker [SMTP:xxxxxx@UNC.EDU]
> Sent: Monday, August 27, 2001 12:25 PM
> To:   xxxxxx@HRINET.ORG
> Subject:      Re: [RESADM-L] Choice of Law
>
> Jim, I encourage you to "fight on" with this issue.  Very few sponsors
> fail
> to understand the difficulty a state instutition of higher education faces
> in
> accepting another state's body of law.  This issue comes up in most of our
> contracts but usually is resolved amicably by removing the language.  see
> ya.
>
> James L Bates wrote:
>
> > 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.
> >
> > 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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>
> --
> Kent Walker
> Director of Research Administration
> University of North Carolina-CH
> Office of Contracts & Grants
> 440 West Franklin Street
> Chapel Hill, NC 27599
> Voice:  919-962-1353
> E-Mail:  xxxxxx@UNC.EDU
>  << File: Card for Kent Walker >>

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