For all the benefits offered by outsourcing to India, companies must
also recognize that there are real risks involved. Allocating such risk
through a well constructed contract is a crucial step. As is the case
with respect to any material agreement, the structure of an outsourcing
agreement is a key issue 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 and the
rules of International Law come into play. Clauses however addressing
certain issues can only be governed by Indian Law.
This book offers concise, digestible and relevant legal advice to help
ensure an outsourcing deal delivers on its promise. It also provides a
checklist for companies to ensure critical factors are adequately
addressed within their contract with the service provider.