| m-link"> | | | | them by reason of its closest and most real |
| What I like to call Outsource India Inc.’ (the | | | | connection The Indian courts do accept this |
| Indian BPO sector) is booming. Opportunities are | | | | choice. Whatever Law you choose, be it Indian |
| aplenty. To use those opportunities effectively, | | | | or otherwise, it will be respected by the Indian system. |
| know-how of the legal system is essential. Before you | | | | In the event of a reciprocal arrangement between India |
| take that potentially profitable plunge into the business | | | | and a foreign country, the foreign countries law and |
| of offshore business outsourcing to India or what I like | | | | ruling would be enacted.( Reciprocal Arrangement: |
| to call Outsource India Inc., I recommend that you | | | | Agreement in which one party will perform a certain |
| consider the legal nature of Indian business. Not doing | | | | act if the other performs a specified act as well.) No |
| so could be disastrous. The fact that the law books | | | | suit need be filed. But if there is no reciprocal |
| are being rewritten in India, owing to the sea change in | | | | arrangement a suit may be filed on the other |
| international laws, doesn’t help matters. This | | | | country’s ruling. In summation, the parties have |
| article strives to give you an objective view of this | | | | freedom of choice of the Law which is to rule the |
| type of Law so as to better your efficiency in | | | | contract. The parties’ want will decide the Law |
| conducting business with Outsource India Inc. table or is | | | | that governs the contract. Remember this! Consider |
| simply in drafting a BPO contract. The basis of any | | | | the following before you go into an international |
| agreement regarding the BPO sector is of course, the | | | | contract: Express or imply the choice of law. If |
| contract. So what are the laws regarding what any | | | | the contract is signed in a country other than the |
| firm that wishes to go BPO wants to know: | | | | country whose law is applied, the formalities of that |
| International contracts? Any contract that passes | | | | place will apply. The Law system you chose must |
| boundaries of country is, at that point not within the | | | | allow for the Proper Law of the Contract If |
| grasp of either nation’s laws. In this case the | | | | Indian law is to be enforced on foreign soil ensure that |
| Private International Law comes into play. | | | | the country has a similar Law to the Indian Civil |
| Therefore a particular country’s law must be | | | | Procedure Code Section 44A. With these factors and |
| chosen. Making sure of the use of a particular legal | | | | laws in mind, outsourcing to India, formulating contracts |
| system is done by choosing what is known as, | | | | et al should be a cakewalk. You can now use the |
| Proper Law of the Contract. The books say | | | | features of Outsource India Inc. and the Indian legal |
| that, Proper Law is the law which the parties have | | | | system profitable to your advantage. Otherwise |
| expressly or impliedly chosen, or which is imputed to | | | | dealing with such legal issues can be hell. |