Dispute Resolution
Obviously when you enter into an e-resource license agreement, you hope that there will be no breach of its terms by either party, and that no conflict will arise. But of course you need to make decisions at the time of contracting that protect you in the event of a possible dispute. You need to address which jurisdiction’s law should apply to the resolution of the substantive claims (i.e. “governing law”), where claims can be brought (i.e. “venue” or “forum”), and how claims can be brought (e.g. In a court? Through informal mediation? Formal arbitration?). This Part addresses each of these three dispute resolution-related considerations:
