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Re: jurisdiction question

Jim -

This is language used successfully with one foreign publisher; this
required a specific exemption from legal, however, requiring additional
time and clearly not favored.  It is similar to what you already
suggested. However, I think it is still an imperfect solution -- it does
not resolve jurisdiction or conflict of laws issues as it is silent on
both counts.  It really is more of an subtle effort to sidestep them.  
But for what is worth


"In the event of any conflict(s) arising between the parties on the
meaning of this license, or their respective rights and obligations, it
shall first be referred to an independent expert appointed by agreement of
the parties. Any expert so appointed shall act as an expert and not as an
arbitrator. His or her decision (which shall be issued in writing stating
the reasons therefore) shall be final and binding on the parties.

Each party shall provide the expert with such information as he may
reasonably require for the purpose of their decision.

The costs of the expert shall be borne by the parties in such proportions
as the expert may determine to be fair and reasonable or, if no
determination is made by the expert, by the parties in equal proportion."

----- Original Message -----
From: "James J. O'Donnell" <jod@georgetown.edu>
To: <liblicense-l@lists.yale.edu>
Sent: Thursday, October 24, 2002 6:55 PM
Subject: jurisdiction question

> The proposed language that I suggested yesterday (delete jurisdiction and
> agree that in case of difference a mutually agreed arbitrator will be
> chosen) is getting some positive and some negative feedback.  This leaves
> me, frankly, at my wit's end.  I feel we have to recognize that the French
> publisher we're speaking with has some issues and some rights and deserves
> some protection or assurance.
> So my next question is:  does anyone have an example of a license
> agreement with a Europe-only publisher that *does* work in a state
> institution?  By "Europe-only" I mean a company whose only doing business
> address is European, not a multinational with offices and lawyers
> elsewhere.  There has to be a success story somewhere that we can share
> with our negotiating partners.  If not, then the issue is wider than this
> one case.
> Jim O'Donnell
> Georgetown University