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Managing Outsourcing Contracts & Risks

Outsourcing has become a prevalent element in today’s business context. Some organisations have taken to outsourcing just because they are hard pressed for time, while others believed outsourcing can save them money. Whatever differences the business situation may be, careful planning and assessment of one’s requirements are absolute musts for any organisation before embarking on this outsourcing journey

This 1-day course introduces strategies for developing a robust outsourcing process and guiding principles that govern every outsourced project. This is important as it reduce the level of risks in the outsourcing equation. It also explores how a manager can work effectively with vendors and consultants to foster stronger partnership, and values for continuous learning for business sustainability.

Objective

Outline

1. Implied Terms

• Statutory implied terms
• Terms implied by the Courts
• Excluding or limiting liability

2. Assessment of Damages

• Methods of Assessment used by the Courts
• The use of Liquidated Damages

3. Jurisdiction, Choice of Law and Dispute Resolution

• The effect of Jurisdiction Clauses
• Arbitration procedure
• Mediation procedure

4. Intellectual Property Issues

• Patent
• Trademark
• Copyright

5. Confidential and Secret Information

• Defining Confidential Information in a Contract
• Confidentiality as Professional responsibility (Hospitals, Law Firms)

6. Risks

• Contractual Allocation of Risks
• Third Parties contributing to risks (sub-contractors)
• Usage of Performance Bonds, Securities and Insurance

7. Performance

• Setting KPIs
• The nature of Service Level Agreements
• Deciding on aspects of performance to be measured
• Charges and Service Credits

8. Improvements and Gain Sharing

• Quality Improvements
• Cost saving Improvements
• Gain Sharing and Measurements

9. Relationship Management

• Governance Structure of the Contract
• reviews and meetings
• channels for contractual dispute management

Who should attend

Suitable for any professional who wants to enhance their outsourcing skills in order to plan, implement and monitor the performance of their contract vendors more effectively.

Profile of Catherine Tay

Catherine Tay has over 35 years of lecturing experience as an Associate Professor lecturing business law at the National University of Singapore (NUS) Department of Strategy and Policy, NUS Business School. She is an Advocate and Solicitor of the Supreme Court of Singapore. She is also a barrister-at-law (of Lincoln’s Inn, United Kingdom). She is an author of more than 8 law books, including her best-seller book title called "Contract Law - A layman Guide".

She studied law at Queen Mary College, University of London and graduated with a Bachelor of Laws with Honours and with a Master of Laws, in which she specialised in Company, Shipping, Insurance and Marine Insurance Laws.

She has facilitated seminars and in-house training courses for many business law topics such as tenancy agreements, contract administration management, procurement contracts, legal and practical aspects of tender management, Service Level Agreements and Outsourcing contracts, oil and gas contract management, insurance contracts, Intellectual Property Laws and PDPA data privacy laws. She is an examiner on law subjects for a number of professional bodies and universities in Singapore and overseas. She has lectured at the NUS Extension in professional and business management law courses.

She was an adjunct lecturer at NUS Institute of System Science, in IT outsourcing contracts for over 20 years. She is the Honourable Legal Advisor for Singapore Optometric Association, as well as for the Singapore Institute of Engineering Technologists.