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