Disputes
Dispute resolution in outsourcing can be traumatic. To
minimize conflict, most well-tailored outsourcing agreements contemplate a
series of processes, governance principles and procedures to manage conflict and
mitigate its impact on the smooth operation of the enterprise.
Types of Disputes
Face-to-Face Discussions
Mediation
Arbitration
Litigation
Articles
"Offshoring"
of BPO Services within the European Union: A Transatlantic View of the Proposed
Services Directive. The
European Common Market (and its successor the European Union, "EU")
were founded on the principles of four freedoms of movement: capital, people,
goods and service. According to the European Commission, the service
sector now accounts for more than 70% of economic activity in the EU, much of
which involves
Europe
’s small and medium sized companies. A Services Directive, proposed in
January 2004, would liberalize the freedom of establishment of EU enterprises
and trade in services among EU Member States. The ensuing political debate
evokes classic issues in trade policy in international services. Will this
Directive have any impact on how outsourcing is conducted in
Europe
? The article considers the impact on service recipients and service
providers in various BPO disciplines including call centers, IT, logistics, HR,
finance, accounting and engineering.
Patent Infringement Warranties in BPO. Today, virtually any contract,
including a business process outsourcing contract, for the delivery of goods,
services or licensed rights in applied technology contains an indemnification
clause concerning possible infringement of third-party intellectual property
rights. In the initial draft of the agreement, the typical clause provides
for unlimited indemnification for patents, copyrights, trademarks and trade
secrets. Increasingly, the suitability and evidentiary issues in such
clauses are getting careful scrutiny. A recent U.S. federal judicial
decision revoked a twenty-year old common law precedent relating to the measures
that must normally be taken in order to eliminate certain special statutory
damages and liability for attorneys fees. See: www.outsourcing-law.com/patent_infringement.10.04.htm
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