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 > > > ====================================================================== > 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") ======================================================================