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Full Description
The global outsourcing market continues to expand, setting records in terms of both overall numbers of deals and total deal values. With the underlying services increasing in both scope and complexity, there is accordingly more focus than ever before on the contract provisions underpinning such deals and the emerging body of best practice concerning their negotiation.This book draws together the experience of the global technology and sourcing team at DLA Piper, one of the world's largest law firms, in order to address the complete lifecycle of an outsourcing contract and the variety of legal and contractual issues that can arise in connection with such a project, from the initial genesis of the proposal to outsource all the way through the procurement process and onto post-contract signature contract management. In so doing, it also breaks down the core outsourcing contract into its constituent parts, explains the rationale for the relevant provisions (from both a customer and service provider perspective), and provides guidance as to current market practice, options and trends.Whether you are a user of outsourced services, an adviser on outsourcing projects or working with a service provider engaged in the provision of the outsourced services itself, this publication will provide you with an end-to-end guide to the outsourcing contracting process and the detailed terms to be considered and carefully negotiated.
Contents
Part 1IntroductionState of the outsourcing marketJohn McKinlayJan PohleOverview of the procurement, negotiation and delivery processGareth StokesKristof de VulderPart 2: Practical guidance and risksRole of the clientPaul AllenGregory ManterPractical perils and pitfallsStephane LemarchandScott ThielMulti jurisdictional dealsKit BurdenJoris WillemsSIAM/multi vendor projectsCallum SinclairDifferent types of outsourced servicesPeter JonesStephane LemarchandPart 3: Key provisions and issuesDue diligence and transitionKit BurdenTim LyonsThe services and service levelsKit BurdenPeter JonesCharges and charging modelsKit BurdenJoris WillemsWarranties and delivery commitmentsPaul AllenJonathan RofeConfidentiality, intellectual property and dataDuncan PithouseLiability and indemnitiesAnne FriedmanJohn McKinlayHR and ARD/TUPEKai BodenstedtTom Kerr-WilliamsTermination and step in rightsSharon RoweAnthony WillisAssets and third party contractsGareth StokesGovernance, vendor management and dispute resolutionPeter BrookGregory TulquoisRenegotiations, retenders and termination assistanceTim LyonsJan Pohle
