Outsourcing to India — A Legal Handbook

• Main Author: Vagadia, Bharat (Author)
• Corporate Author: SpringerLink (Online service)
• Format: Electronic eBook
• Language: English
• Published: Berlin, Heidelberg : Springer Berlin Heidelberg, 2007.
• Subjects: Law.; Globalization.; Markets.; Private international law.; Conflict of laws.; International law.; Comparative law.; Private International Law, International & Foreign Law, Comparative Law.; Emerging Markets/Globalization.

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 ag...

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.