Outsourcing is huge; and everyone is unhappy with their deals. Or so a recent survey by Compass concluded, valuing the European market at E4bn (£2.7bn) per year and concluding that two-thirds of deals unravelled before the end of their term. If this is true then why are the courts not full of outsourcing-related disputes?
If it is because outsourcing contracts are not litigable in any way which is practically sensible, then what can be done to avoid getting into problematic situations and what should be done when the first warning bells begin to ring? If ever there was a case where litigators should truly become practitioners of dispute resolution this surely is it.
