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Business Services, Partnering and Outsourcing Contracts: A Practical Guide
Business Services, Partnering and Outsourcing Contracts: A Practical Guide
A Practical Guide
4th Edition
ISBN:  9780414024335
Published by:  Sweet & Maxwell
Publication Date:  14 Dec 2012
Format:  Paperback
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PRODUCT DESCRIPTION

Oustsourcing Contracts: A Practical Guide is your complete guide to the process, management and regulation of outsourcing, including IT, business process, facilities management, legal process and knowledge process outsourcing. The book covers every stage in-depth and includes tables with detailed information and checklists to aid understanding.

It looks at contract, employment, pensions, data protection, property, corporate, finance and insolvency issues as well as many other areas of law, explaining how these aspects impact on an outsourcing agreement and putting the legal issues into a business context.

With additional coverage of specific sectors such as local government and financial services, this book helps you to consider the particular issues and strategic questions to take into account when dealing with an outsourcing contract in these specialist areas. It also includes dedicated chapters covering major European jurisdictions, the US and the Middle East, as well as chapters dealing with the most popular offshore outsourcing partner countries, to give you an international perspective of outsourcing arrangements.

  • Brings together all the areas of legal practice that impact on an outsourcing arrangement
  • Deals with the whole process from strategic issues, through contract negotiation to management of an outsourcing arrangement, change and termination
  • Includes extensive checklists and examples
  • Separate chapters cover major European jurisdictions, the US and India and China
  • Specific coverage of pensions, employment, taxation and insolvency issues
  • Coverage of issues particular to financial services, utilities and local government outsourcing

New to this edition:

  • Includes new chapters covering US issues, the Middle East, and shared services
  • Looks at changes in technology, such as cloud computing and LPO
  • Considers changes to general law, in particular, an updated section on anticipated changes to the law of unfair contract terms in light of current negotiation of the Consumer Rights Directive
  • Discusses major recent case law, including;
    • Golden Strait Corporation v Nippon Yusen Kubishka Kaisha
    • Transfield Shipping Inc of Panama v Mercator Shipping Inc of Monrovia, the Achilleas
    • BSkyB Ltd V HP Enterprise Services UK Ltd
    • Internet Broadcasting Corporation Ltd v MAR LLC
    • AstraZeneca UK Ltd v Albemarle International Corporation
    • GB Gas Holdings Limited v Accenture (UK) Limited and others
  • Covers the latest developments in employment and pensions law such as:
    • Unfair dismissal claims
    • National Health Service Pension Scheme (Amendment) Regulations 2009
    • The introduction of the Cabinet Office statement of principles "Principles of Good Employment Practice"
    • The withdrawal of The Code of Practice on Workforce Matters in Public Sector Service Contracts and the Code of Practice on Workforce Matters in Local Authority Service Contracts
  • In the area of tax, the book looks at the changes in VAT that will affect outsourcing
  • Considers changes in FSA regulation, including the extension of the FSA's "common platform" rules, the major change resulting from the implementation of UCITS IV, Solvency II and the Alternative Investment Fund Managers’ Directive
  • Includes the latest updates to the public sector, including the move towards agile software development and the increase in shared services.
CONTENTS

Introduction
Defining successful outsourcing

Preparation
Preparation by the customer  
A competitive procurement process  
Selecting a preferred supplier  
The project plan  
Preparation by the supplier

Services  
The service description  
Control over how the services are provided  
Service levels or key performance indicators
Governance 
Dealing with disputes 
Customer dependencies
 
Structure 
Equipment 
Software and intellectual property rights
Property aspects 
Treatment of assets during term
Different supplier models
 
Charging 
The charging regime 
Service credit and service bonuses 
Ensuring competitive charges

Change
Transformational and developmental outsourcing
Change management

Termination 
Term and termination rights 
The termination decision 
Implications of termination
 
Insolvency, people and competition issues 
Insolvency issues 
People issues
Pension issues
Competition issues
 
Liability
Liability and risk 
Limitations of liability 
Confidentiality, data protection and security
 
Regulations 
Financial services sector 
Public procurement
Private Finance Initiative
Other public guidance
Utilities sector
 
Offshore outsourcing
Offshore and near-shore outsourcing
India
China

Other key jurisdictions
Germany
Spain
France
Netherlands
Italy
Sweden
Switzerland
Ireland
USA
Middle East

Conclusion

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