I wouldn't expect them to waive their sovereign immunity (as a state
institution, we won't) but they shouldn't have a problem going silent on
governing law.  We recently negotiated a research contract with a tribal
government and that's how we handled it.  If they refuse to do that, you
might suggest a home and home clause (i.e. party initiating a dispute must
do so under the laws of the other party).

Jeff Myers
Southern Illinois University

At 01:18 PM 6/4/03 -0500, you wrote:
>Dear Research Administration listers:
>We have been presented a contract from one of the Indian tribes in our
>state.  One of the clauses deals with Sovereign Immunity and states, "The
>XXXX Tribe, by entering into this agreement, does not waive its sovereign
>immunity from suit.  The laws of the XXX Tribe shall govern this Agreement."
>We have asked them to delete this clause, which they say they cannot do and
>our university cannot sign the contract as long as it contains that wording.
>The contract is for an important project and involves a sizeable budget, so
>we would really like to work this out if we can.  Can anyone suggest to me
>some compromise wording that might be acceptable to both our university and
>the tribe?  Thanks very much for your help.
>Jan Small
>
>**********************************************
>Jan Small
>Coordinator of Sponsored Programs
>University of South Dakota
>414 East Clark Street
>Vermillion, SD  57069
>Phone (605) 677-5370; FAX (605) 677-6387
>email: xxxxxx@usd.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")
======================================================================