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Viva Las Vegas! October 14, 2009

Posted by Brian Schar in General.

Venue is one of the most contentious issues during contract negotiation between parties in two separate states, or countries.  I usually deal with it in one of two separate ways.  First, leave it out altogether, so that the parties fight about where to fight before they fight, which they’re going to do anyway.  Second, pick a state or country that is neutral and English-speaking.  At least one of these solutions is usually acceptable to both parties.

Some time ago, in the course of reviewing a contract with a party outside California that was still in the American West, I chose Las Vegas as a venue.  There are plenty of flights, it’s central in the West, and, it’s Las Vegas.  Every time I’ve inserted that provision in that contract, there’s never been an objection.  Even though what happens in court, or arbitration, in Vegas doesn’t stay in Vegas, that doesn’t mean the city isn’t a draw.  If you ever get stalemated in contract negotiations about where to agree to jurisdiction, propose Las Vegas as a solution, and odds are good your counterpart will stop objecting and start wondering where on the Strip he or she is going to stay in case the contract goes south.


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