Limiting Liability And Allocating Risk In Commercial Sourcing Contracts

A review of liability schemes across 150 recently negotiated sourcing contracts

Whether you are a customer or supplier, determining if what you are agreeing to is market standard for sourcing contracts can be very difficult.

Norton Rose Fulbright's Global Sourcing Team has conducted a review of liability schemes across 150 recently negotiated sourcing contracts, including outsourcing (ITO / BPO), IT implementation, Enterprise resource planning (ERP), data centre, software licensing and cloud computing contracts. The research covers regions across North America, Europe, Middle East and Asia Pacific and looks at liability schemes in the energy, financial institutions, communications, media and technology and transport sectors. This briefing reviews the results of this survey, and highlights basic concepts in indemnity and liability exclusion provisions.