We seldom have trouble with being silent on governing law if we're dealing
with a domestic institution or company.  We have lost a couple of foreign
contracts over governing law, however.

Debbie Smith

Deborah (Debbie) L. Smith, Ed.D.
Office of Research Administration
UT Health Science Center
910 Madison, Suite 823
Memphis, TN  38163
901 448-4823
901 448-7600 fax
xxxxxx@utmem.edu

----- Original Message -----
From: "Carole Knight" <xxxxxx@SLU.EDU>
To: <xxxxxx@hrinet.org>
Sent: Thursday, August 03, 2006 9:21 AM
Subject: [RESADM-L] Governing Law & Jurisdiction

I'm hoping that some of you can give me your thoughts and advice about
how to handle questions of "Governing Law & Jurisdiction" when
negotiating contracts for your institutions.  Since we are in Missouri,
we always ask for a statement in our contracts that says:  "This
Agreement shall be governed by and construed in accordance with the laws
of the State of Missouri."  If we can't get this, we ask that the
contract remain silent on this issue.

Of course, when we work with companies and institutions outside of
Missouri, they want their states to have jurisdiction.  Sometimes the
negotiations hang up on this issue.  Do any of you accept other state
jurisdictions for research or clinical contracts?  In what instances
would you do this?  How would you handle this in negotiation?

Thanks for any advice you can give.

Carole

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 subscription information and a web-searchable archive, are available
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