Outsourcing to India - A Legal Handbook / by Bharat Vagadia.
2007
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Author
Title
Outsourcing to India - A Legal Handbook / by Bharat Vagadia.
Added Corporate Author
Edition
1st ed. 2007.
Imprint
Berlin, Heidelberg : Springer Berlin Heidelberg : Imprint: Springer, 2007.
Description
XX, 208 p. online resource
Formatted Contents Note
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.
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 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.
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Alternate Title
SpringerLink electronic monographs.
Language
English
ISBN
9783540722205
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