Re: Choice of Law Dennis Paffrath 04 Sep 2001 11:54 EST
>>> xxxxxx@LSU.EDU 09/04/01 12:45PM >>> 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: ___Maryland_______ 2. Is your institution: ___ public __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: _X__ yes ___ no 4. If the answer is no to question 2, is your refusal based on: ___ 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 ====================================================================== 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") ====================================================================== ====================================================================== 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") ======================================================================