The delivery of services across borders involves the competing jurisdiction of different sources of law, different legal systems and different laws. When these legal systems or laws are in conflict, contracts can allocate risks, but only to a limited degree. There may be a “higher authority” in specific areas of public policy and the law. This session will review the evolution of “the law” (and sources of law) as a life cycle, the basics of international comparative law, the principles of “conflicts of law” and their impact on structuring and negotiating transnational outsourcing services agreements. Since each aspect of the transaction might have a different governing law, the session will explain why operations might be structured according to the “real” governing law affecting labor, immigration, taxation, accounting, limitation of liability, intellectual property, privacy, security, consumer protection and unfair trade practices. Conflicting laws also define the roles of lawyers and consultants as dealmakers. For outsourcing lawyers and experienced consultants, this session will identify ethical issues affecting the composition and interplay of members of the customer’s outsourcing executive team. “Clients” will gain a better understanding of hidden constraints upon their advisors. For outsourcing executives, this session will provide “best practices” insight into avoiding some common pitfalls of international outsourcing. Customers will learn to identify key local laws that affect the planning process. Service providers will identify how such laws might impair or improve performance and profitability. Key Topics: - How do different “legal systems” affect your deal?
- The impact of public policy on your contractual choice of law.
- How to deal with conflicts of law in international outsourcing transactions.
- Enforceability and indemnity issues in allocation of responsibility for compliance with laws.
- Ethical rules governing what your lawyers and consultants are permitted to do international transactions.
- How to “act globally, comply locally” in international outsourcing.
The 2003 European Outsourcing Summit Program At-a-Glance Sunday, 1 June, 2003 | 16.00 – 18.00 | Early Registration and Reception | Monday, 2 June, 2003 | 07.30 | Registration Opens | 07.30 – 08.30 | Continental Breakfast in the Exhibition Hall | 08.30 –09.20 | Harnessing the Power of Outsourcing’s Next Wave Michael F. Corbett, Conference Chair, President, Michael F. Corbett & Associates, Ltd. | 09.20 – 10.00 | Outsourcing in a Changing European Business Landscape Lode Beckers, Chairman & Managing Director, LOBO n.v. EUROSTRATEGIES | 10.00 – 10.30 | Coffee Break in the Exhibition Hall | 10.30 – 11.20 | Outsourcing or the Revenge of “Métiers” Jean-Marie Descarpentries, Sidel; Francis Vidal, MDM Conseil | 11.20 – 12.00 | Rethinking Outsourcing Providers as Alliance Partners Larraine Segil, Co-Founder and CEO, The Lared Group and LSP Inc., Author, "Intelligent Business Alliances" | 12.00 – 14.00 | Networking Lunch | 14.00 – 14.50 | Educational Track Sessions – Round 1 | | Outsourcing by Function | | IT Outsourcing | Business Process Outsourcing | Corporate Real Estate & Facilities Services | Global Sourcing | | Deals that are Shaping the IT Outsourcing Market Paul Dyson PA Consulting | The In’s and Out’s of BPO and How to Realize Benefits from It Ron Stratton, Stratton & Company Graham Pascoe, Pricewaterhouse-Coopers | New Methods in Outsourcing Facility Support Functions Albert Pilger, Pilger Facility Management GmbH Fred Klammt, Aptek Associates LLC | Business Transformation from a Finance Perspective Ian Ailles Group Finance Director Thomas Cook UK Ltd. | 14.50 – 15.20 | Break in the Exhibition Hall | 15.20 – 16.10 | Educational Track Sessions – Round 2 | | Outsourcing-in-Action Case Studies | | IT Outsourcing | Business Process Outsourcing | IT and Business Process Outsourcing | Document Management | | TBD Tom Donnelly, Avaya Case Study Sponsored by Avaya | Prudential Financial Re-engineering the HR Function through BPO Paul Evans, Prudential Financial Bob Gunn, Exult Case Study Sponsored by Exult | Abbey Life IT and Business Process Outsourcing Neil C H Tointon, Abbey Life Peter Thomas Unisys Insurance Services, Ltd. Case Study Sponsored by Unisys | EDS Document Management Outsourcing Paul Clark, EDS Shaun Pantling, Xerox Europe Case Study Sponsored by Xerox | 16.10 – 16.30 | Break | 16.30 – 17.20 | Educational Track Sessions – Round 3 | | The Outsourcing Process | Outsourcing by Function | | Strategy | Implementation | Management | IT Outsourcing | | Marrying Outsourcing’s Commercial, Legal and Technical Issues Alistair Maughan Shaw Pittman | Successfully Addressing Pre-Contractual and Contractual Issues Bertrand Nouel, Gide Loyrette Nouel | Managing Outsourcing as a Core Competency. Jean-Francois Poisson Bell Canada | Launch Plan for a Global IT Sourcing Program Bill Metz Procter & Gamble | 19.00 – 20.00 | Cocktail Reception at Cartoon Museum Sponsored by Sapient | 20.00 | Sponsored Private Dinners | Tuesday, 3 June, 2003 | 07.30 – 08.30 | Continental Breakfast in the Exhibition Hall | 08.30 – 09.00 | The Three S’s of Successful Outsourcing Michael F. Corbett, Conference Chair, President and CEO, Michael F. Corbett & Associates, Ltd., Chairman and Executive Director, The Outsourcing Research Council | 09.00 – 10.00 | Latest Developments and Future Direction of Information Technology Outsourcing in Europe Dr. Leslie P. Willcocks, Andersen Professor of Information Management and E-business, Warwick Business School, London | 10.00 – 10.30 | Break | 10.30 – 11.15 | Offshore Outsourcing: Strategy, Tactic or Fad? Jagdish Dalal, Principal, JDalal Associates, LLC | 11.15 – 12.30 | Examining Outsourcing’s Global Marketplace Panel Chairs: Michael F. Corbett and Jagdish Dalal Panel Participants: Valentin Makarov, RUSSOFT (Russia); Shaogang Song, Torch Centers (China) | 12.30– 14.15 | Topical Table Luncheon | 14.15 – 15.30 | Educational Track Sessions – Round 4 | | The Outsourcing Process | Special Topic | | Strategy | Implementation | Management | Management | | Forging a Strategy of Corporate Revitalization Nigel Roxburgh National Outsourcing Association (NOA) | Europe: Ensuring an Appropriate Social Strategy in an Outsourcing Context Francis Vidal, MDM Conseil | Achieving Value by Managing the Relationship Richard Harrison PA Consulting Group | Comparative Law of Outsourcing: International Deals and Conflicts of Law Bill Bierce, Bierce & Kenerson, P.C. | 15.30 | Conference Close | | | | | | | | | | | | | | Speakers are subject to change. |