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For the benefits offered by outsourcing and offshoring, organisations outsourcing to India must however recognise that there are real risks involved, and allocating such risk through a well constructed contract is a crucial step in minimizing such risk. As is the case with respect to any material agreement, the structure of an outsourcing agreement is important because it embodies the rights, remedies, duties and obligations of the parties and provides a blueprint for the parties' relationship.
When contracts transcend national boundaries, the national legal regime of any single country becomes inadequate. When the parties to the contract are located in different countries, at least two systems of law impinge upon the transaction and the rules of International Law come into play. Clauses however addressing certain issues can only be governed by Indian Law.
Specific legal factors around Data Processing, Intellectual Property and staffing implications (TUPE) must also be given careful consideration.
List of contents
Background and snapshot of key issues.- Outsourcing fundamentals.- Attitudes to outsourcing worldwide.- Selecting an outsourcing service provider.- The Indian judicial system.- Critical contract considerations - jurisdiction issues.- Allocation of risk into the contract.- Project management.- Contract discharge and methods to reduce liability.- Pricing.- Transition-in and change control.- Scope of services to be outsourced.- Service Level Agreements.- Contract enforcement.- Contract termination procedures.- Unenforceable contract terms under Indian legal system.- The EU Data Protection Directive 97/66/EC and related issues.- Intellectual property rights (IPR).- Transferring employees as part of the outsourcing agreement.- Legal and regulatory risks.- Specific Indian legal issues of importance.- Summary.
Summary
For all the benefits offered by outsourcing to India, companies must also recognize that there are real risks involved. Allocating such risk through a well constructed contract is a crucial step. As is the case with respect to any material agreement, the structure of an outsourcing agreement is a key issue because it embodies the rights, remedies, duties and obligations of the parties and provides a blueprint for the parties’ relationship. When contracts transcend national boundaries, the national legal regime of any single country becomes inadequate and the rules of International Law come into play. Clauses however addressing certain issues can only be governed by Indian Law.
This book offers concise, digestible and relevant legal advice to help ensure an outsourcing deal delivers on its promise. It also provides a checklist for companies to ensure critical factors are adequately addressed within their contract with the service provider.
Additional text
From the reviews:
"Outsourcing to India: A Legal Handbook is a welcome addition to the library of books on outsourcing to India. … the book contains information useful to the attorney drafting instruments to be used between a service provider and an outsourcer, and information for the person working on the business side of the outsourcing relationship. … This book is a solid resource for any professional new to outsourcing because it focuses only on relevant information and concerns both lawyers and business professionals alike." (International Law and Management Review, Vol. 4, 2008)
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From the reviews:
"Outsourcing to India: A Legal Handbook is a welcome addition to the library of books on outsourcing to India. ... the book contains information useful to the attorney drafting instruments to be used between a service provider and an outsourcer, and information for the person working on the business side of the outsourcing relationship. ... This book is a solid resource for any professional new to outsourcing because it focuses only on relevant information and concerns both lawyers and business professionals alike." (International Law and Management Review, Vol. 4, 2008)
