The law of contracts allows entities to contract for many things. You can stipulate where disputes will be litigated, and you can declare what state’s laws should be used for resolving the arguments made in that litigation. When it comes time to negotiate and draft your next commercial contract, deciding on the venue and the law for resolving disputes will be among many vital considerations. Count on an experienced Atlanta commercial contracts lawyer to help you through every step from negotiation to litigation.
So, what happens if your commercial contract contains a venue selection clause but no choice of law provision? This contract dispute from the federal court in Atlanta offers a good illustration.
The parties were “a provider of consulting and sales services to educational institutions” and a provider “of data and analytics products and services to educational institutions.” The parties’ sales referral agreement said that the consulting firm “would act as the exclusive referrer for all of [the data analytics company’s] solicitation of business from the Houston Independent School District.”