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.