Overview

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.

Full Product Details

Author:   Bharat Vagadia
Publisher:   Springer-Verlag Berlin and Heidelberg GmbH & Co. KG
Imprint:   Springer-Verlag Berlin and Heidelberg GmbH & Co. K
Edition:   Softcover reprint of hardcover 1st ed. 2007
Dimensions:   Width: 15.50cm , Height: 1.20cm , Length: 23.50cm
Weight:   0.454kg
ISBN:  

9783642091360

ISBN 10:   3642091369
Pages:   208
Publication Date:   15 October 2010
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Paperback
Publisher's Status:   Active
Availability:   In Print  
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Table 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.

Reviews

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)

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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