Publicação
Outsourcing contract: a legal perspective
| Resumo: | The aim of this research is to analyse the risks and complexities associated with the outsourcing contract as it is currently developed by the parties. This transfer of activities or services to an external party follows no standard form. In practice, many of the particularities of the transferences are not agreed in advance, nor let alone scrupulously detailed in the contract. In addition to the need of ensuring precise terms, this relationship also requires a certain contractual flexibility, which enables to minimize the risks, and the impact of changes in the service level. The doubt remains as to whether it is necessary deeper negotiation, carried out by business national organizations, in order to provide a more harmonized standard form, a specific legal framework or (just) better contractual governance. This contract is a mixed type of contract, meaning that it has resemblances with other legal figures, such as the subcontract. However, it may have distinct characteristics. In this work we examine these differences and how it may lead to the proliferation of the option of establishing “ad hoc” long term contracts and inherent service-level agreement, which entails several complexities that might lead to contractual failure. We will also examine the special contours that these contracts, acquire when several jurisdictions are contemporaneously involved, which substantially impact the contract, the stages of the process, and common issues arising in a contractual relationship. |
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| Autores principais: | Silva, Isabel Fidalgo Vieira Mateus da |
| Assunto: | Outsourcing contract and BPO Outsourcing legal risks Offshoring Contractual governance Relational reliability Contracto de outsourcing Riscos legais do processo de outsourcing Contractual governance Confiabilidade relacional |
| Ano: | 2016 |
| País: | Portugal |
| Tipo de documento: | dissertação de mestrado |
| Tipo de acesso: | acesso aberto |
| Instituição associada: | Universidade do Minho |
| Idioma: | inglês |
| Origem: | RepositóriUM - Universidade do Minho |
| Resumo: | The aim of this research is to analyse the risks and complexities associated with the outsourcing contract as it is currently developed by the parties. This transfer of activities or services to an external party follows no standard form. In practice, many of the particularities of the transferences are not agreed in advance, nor let alone scrupulously detailed in the contract. In addition to the need of ensuring precise terms, this relationship also requires a certain contractual flexibility, which enables to minimize the risks, and the impact of changes in the service level. The doubt remains as to whether it is necessary deeper negotiation, carried out by business national organizations, in order to provide a more harmonized standard form, a specific legal framework or (just) better contractual governance. This contract is a mixed type of contract, meaning that it has resemblances with other legal figures, such as the subcontract. However, it may have distinct characteristics. In this work we examine these differences and how it may lead to the proliferation of the option of establishing “ad hoc” long term contracts and inherent service-level agreement, which entails several complexities that might lead to contractual failure. We will also examine the special contours that these contracts, acquire when several jurisdictions are contemporaneously involved, which substantially impact the contract, the stages of the process, and common issues arising in a contractual relationship. |
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