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Fwd: RE: dispute resolution?
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- Subject: Fwd: RE: dispute resolution?
- From: firstname.lastname@example.org
- Date: Wed, 28 Aug 2002 17:12:01 EDT
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Forwarded with Bernie's permission . . . Jim O'Donnell *** Return-Path: <email@example.com> From: "Sloan, Bernie" <firstname.lastname@example.org> To: "'email@example.com'" <firstname.lastname@example.org> Subject: RE: dispute resolution? Date: Wed, 28 Aug 2002 14:02:41 -0500 MIME-Version: 1.0 X-Mailer: Internet Mail Service (5.5.2653.19) Content-Type: text/plain I once worked on a standard vendor license agreement that called for an arbitrator instead of the usual "governing law" provision. But our Purchasing Division made us change it to indicate that the laws of Illinois governed any dispute resolution. -----Original Message----- From: James J. O'Donnell [mailto:email@example.com] Sent: Wednesday, August 28, 2002 1:36 PM To: firstname.lastname@example.org Subject: dispute resolution? We continue to pursue the issue of access to the L'Annee Philologique database. Listmembers will recall that the publisher's insistence on French jurisdiction for all legal claims is a showstopper for most American users. I write to ask views on this possibility: what would be the possibility of a contract in which both parties agreed to forego litigation in favor of an agreed form of dispute resolution? In other words, both sides agree to a non-judicial third party mediation, with as ultimate sanction the agreement to end the contract if no resolution is possible through mediation. Given that the size of claims under this particular license is unlikely to be large (and the number unlikely to exceed zero, as a matter of fact, but very very unlikely to get out of the single digits), such a procedure might be entirely satisfactory as far as resolving issues goes. Would it succeed in making a license signable by American (and publicly funded) institutions? Jim O'Donnell President-Elect, American Philological Association