From: <[log in to unmask]>
Date: Wed, 3 Sep 2014 07:36:12 +0000

I'm not sure if this either helpful or relevant, but if the vendor is
an international treaty organisation such as the one I work for, the
OECD, then they will be legally unable to agree to submit themselves
to any national or state law. This is a challenge for us whenever we
engage with customers and suppliers because, unless they know us,
their lawyers will be surprised that such a situation exists. The
solution is to have an arbitration clause (I can supply a boilerplate
clause if anyone is interested) - and this is the twist - stating
clearly where arbitration is to take place. This is because if an
arbitrator has to seek legal guidance on resolving a dispute, s/he
will look first to the laws of the place where arbitration is taking
place. So, if you agree to arbitration in your state and if an
arbitrator needs guidance, your state's laws will be relevant.

Toby Green
Head of Publishing
OECD


> On 3 Sep 2014, at 01:04, "LIBLICENSE" <[log in to unmask]> wrote:
>
> From: "Taylor, Liane R" <[log in to unmask]>
> Date: Tue, 2 Sep 2014 20:17:31 +0000
>
> Greetings all – I’m working with a vendor who has requested we waive
> our sovereign immunity. I have never been asked to do this before.
> They have not yet been willing to strike this clause. I am wondering
> if anyone else has encountered this and if you have any negotiation
> tips/effective arguments, before I have to send this off to our legal
> counsel to try to manage? I am sending this to other listservs, sorry
> for the duplication.
>
> –Liane
>
> Liane Taylor
> Continuing Resources Librarian/
> Interim Head Acquisitions Librarian
> Texas State University
> [log in to unmask] • 512.245.3009