Dear Jan
This is an important point because settling a dispute in another country can be very costly - requiring the payment of lawyers in both countries. In the Jisc Model Licence we insist on English law - and almost without exception this is accepted.
The exceptions relate to a few societies where their articles of association do not allow them to enter into contracts not governed by their own state law. A commercial publisher, should have no such restrictions and be able to enter into the licence with you under English law.
So my advice ... Stand firm on this issue.
Regards
Lorraine
Sent from my iPad
On 25 Nov 2013, at 10:25, "Jan Clark" <[log in to unmask]> wrote:
> Can anyone tell me how they handle foreign law clauses in site licences please? Our normal procedure is to ask publishers if they will change the stated law or remain silent on the subject (allowing us to cross out the clause). In most cases publishers are happy to do this, but occasionally we come across a publisher who is reluctant to do this. We are currently experiencing this with Thieme, which may result in our not being able to subscribe to a particular journal that has been requested by a department. The clause mentioning law states:
>
> "6.3 The provisions of substantive law applicable within the Federal
> Republic of Germany shall apply exclusively, and the principles of the
> conflict of laws under private international law, which would justify the
> applicability of foreign law, shall not apply."
>
> Our logic is that we can't agree to abide by laws we don't understand - but are we being super-cautious? What do other people do?
>
> Thanks
> Jan
>
> Jan Clark
> Robinson Library
> Newcastle University
> Newcastle upon Tyne
> NE2 4HQ
>
> Tel. 0191 208 3470
>
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lis-e-resources is a UKSG list - http://www.uksg.org
UKSG groups also available on Facebook and LinkedIn
Follow us on Twitter: https://twitter.com/UKSG
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