c9daa7e8_s_in_Cloud_Computing_Contracts__Comments
[Issue] Governing law and jurisdiction [Comments] 
Almost certainly, a vendor's form contract will specify that it is governed by the law of the vendor's home state and grant the courts of that state exclusive jurisdiction over any disputes arising out of the contract. Public institutions generally have significant state-law restrictions on their ability to consent to such provisions, and they are inadvisable for others. It is preferable to either (a) specify the law and jurisdiction of our own state (large vendors likely operate in and are subject to all such jurisdictions, so it is no significant inconvenience for them), (b) provide that disputes must be brought in the defendant's jurisdiction (which is even-handed and tends to encourage informal resolution, as the plaintiff won't have the "home court" advantage), or (c) simply delete the provision and leave the question open for later argument and resolution if and when needed.
IT: Legal and Quasi-Legal Issues in Cloud Computing Contracts
Comments