Emerging Arbitration Issues In Outsourcing Disputes

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By William Tanenbaum and Alan Kolod (December 20, 2021, 5:46 PM EST) — Outsourcing customers and their providers favor arbitration over litigation to resolve disputes.

They want to avoid the quagmire of conflicting laws and court systems and use arbitration to preserve each party’s competitive advantage.

A private tribunal allows a customer to prevent its competitors from learning its business transformation road map and enables a provider to avoid public disclosure of the sensitive aspects of its service offerings and proprietary technology.

Arbitration can protect against the disclosure of the weaknesses that gave rise to, or result from, the dispute itself. 

Today’s Key Outsourcing Issues

Here are some crucial outsourcing arbitration issues:

Arbitration occurs after…

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