RE: L'Annee Philologique (fwd)

["Braid, Andrew" <Andrew.Braid@bl.uk>]

Yes I agree but I still think that, if you remain silent, there is a danger
that you could end up with French law.

Andrew Braid

-----Original Message-----
From: Dave Fisher [mailto:Dave@library.ucsd.edu]
Sent: 19 July 2002 03:05
To: Andrew.Braid@bl.uk; liblicense-l@lists.yale.edu
Subject: RE: L'Annee Philologique (fwd)

Unless I'm reading this site wrong the only states that have ratified this
conference are Argentina, Czech Republic, Netherlands, Slovakia and
Moldova.

CONVENTION # 31

Hague Convention of 22 December 1986 on the Law Applicable to Contracts
for the International Sale of Goods

Dave Fisher

>>> Andrew.Braid@bl.uk 07/18/02 12:50PM >>>

Remaining silent may not solve the issue.  See details of the Hague
Conference on Private International Law (of which both France and the US
are signatories)  http://www.hcch.net/e/conventions/text31e.html#ch2 On my
reading there are circumstances in which French law could prevail.

Andrew Braid
Email andrew.braid@bl.uk

-----Original Message-----
From: Dave Fisher [mailto:Dave@library.ucsd.edu]
Sent: 17 July 2002 23:59
To: provost@georgetown.edu; liblicense-l@lists.yale.edu
Subject: Re: L'Annee Philologique (fwd)

James,

Thanks for the informative post and for volunteering to represent the
position of public universities with Les Belles Lettres on the matter of
legal venue. I've rarely encountered situations where the other side's
position is intractable, but in the one instance I remember well I
succeeded in persuading the other party that it is better to remain silent
on the issue rather than insist on inserting one domain over another.  In
that case they were insistent that we recognize the courts of Calcutta,
India as the place of legal jurisdiction.

A statement requiring all filings and court proceedings to be handled by
any jurisdiction outside the state of California is a deal breaker for us.
By remaining silent on the choice of legal venue, both parties are free to
seek a mutually agreeable solution to this question should the need ever
arise - and that need is almost infinitesimally small.  As a California
institution we are not picking on the French; our position would be the
same if LBL was located in any of the other 49 states.

David L. (Dave) Fisher
Electronic Resources Coordinator
University of California, San Diego
dfisher@ucsd.edu