A Data Sharing & Data License Agreement defines rights and restrictions for exchanging or licensing data assets. This playbook examines usage limitations, confidentiality, and indemnification for data misuse.
Why This Matters: A clear dispute resolution framework reduces litigation costs, limits jurisdictional uncertainty, and ensures timely resolution of disagreements.
Negotiation strategy
If you're the Company A:
Ensure the governing law is a neutral jurisdiction to avoid bias. Advocate for arbitration to minimize litigation costs and time.
If you're the Company B:
Negotiate for a jurisdiction that is favorable or neutral. Propose mediation as a first step to resolve disputes amicably.
Essential elements
1
Governing Law
Specifies applicable legal jurisdiction.
2
Forum Selection
Designates exclusive legal venue.
3
Arbitration
Outlines arbitration process details.
Action framework
ACCEPT
Propose edits if the jurisdiction is not neutral or if arbitration rules are unclear.
EDIT
Reject clauses that impose unfair jurisdiction or lack confidentiality.
ADD
Add clauses for mediation and escalation procedures if absent.
PRO TIP
Always ensure dispute resolution clauses are clear and mutually agreed upon to prevent future conflicts.
Example clauses
FAVORABLE
Preferred Governing Law Clause
"This Agreement shall be governed by and construed in accordance with the laws of [Neutral Jurisdiction], without regard to its conflict of law principles."
NEUTRAL
Standard Forum Selection Clause
"Any legal action or proceeding arising under this Agreement shall be brought in the courts located in [Neutral Jurisdiction]."
UNFAVORABLE
Biased Jurisdiction Clause
"This Agreement shall be governed by the laws of [Biased Jurisdiction], favoring one party."
Fallbacks
High-Risk Projects
In high-risk projects, ensure arbitration is mandatory to quickly resolve disputes and minimize project delays.
International Contracts
For international contracts, select a globally recognized arbitration institution to handle disputes.
Long-Term Partnerships
In long-term partnerships, include periodic review of dispute resolution clauses to adapt to changing circumstances.
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WEEK 1
CLM Readiness and Design
Our CX team works with you to understand your contracting challenges, prioritize key workflows, and identify the biggest impact areas. We build a tailored implementation plan that fits your needs.
WEEK 2
Install Module
We connect DocJuris to your contract repositories, set up admin and user accounts, and ensure your environment is ready for success.
WEEK 3
Deliver & Test
Your team builds initial playbooks, reviews existing clause libraries, and trains the DocJuris agent to align with your internal standards and negotiation positions.
WEEK 4
Launch
We support you in rolling out DocJuris to a pilot group or your full organization—with launch materials, training, and hands-on support to drive adoption from day one.
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DocJuris is not a law firm or a substitute for an attorney or law firm. We cannot provide any kind of advice, explanation, opinion, or recommendation about possible legal rights, remedies, defenses, options,selection of forms or strategies.