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ARTICLE · 20 MAY 2014

Lessons Learned From Outsourcing Disputes

Mayer Brown
Mayer Brown
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Mayer Brown

Mayer Brown

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The current challenging economic conditions are driving additional outsourcing activities.

United KingdomStrategy

The New Norm

The current challenging economic conditions are driving additional outsourcing activities. However, the need for companies to achieve greater efficiencies and reduce budgets means that customers are being forced to do more with less. In addition, the pace of technological change is accelerating and companies need to be able to swiftly react to unanticipated changes in the marketplace or otherwise fall behind the competition.

With outsourcing contracts historically having terms ranging from five to ten years, the industry has reached a point where there are examples of high profile failures—and the hidden risks and causes of these failures can be identified more easily. Recent examples of cases that have ended up in court include the dispute between Ericsson and H3G, arising out of the termination by H3G of an IT outsourcing contract, and the well-publicised case between BSkyB and EDS/HP, where EDS/HP paid BSkyB a reported £318 million in damages.

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