The following TMT practice note provides comprehensive and up to date legal information covering:
Benchmarking is the process by which the services of an existing outsourcing supplier are compared to the same or similar services of other suppliers.
A customer may want to undertake this kind of comparison to establish whether or not the services provided by its existing outsourcing supplier are of an equivalent price and quality compared to the market generally and to check that it is still receiving value for money.
This Practice Note considers the following legal and commercial aspects of benchmarking in outsourcing deals:
When are benchmarking provisions used?
Consequences of benchmarking
For a template benchmarking schedule see Precedent: Benchmarking schedule.
Benchmarking provisions are often found in outsourcing agreements (particularly IT-related outsourcing agreements) which are: (i) bespoke deals between a customer and supplier (rather than being on essentially the supplier's standard terms and conditions); (ii) relatively long term (eg three years or more); and (iii) relatively high value such that any benchmarking exercise could lead to potential savings for a customer which justify the time, effort and cost of going through a benchmarking exercise.
For any number of reasons, the general market price of the goods and services being provided under those outsourcing agreements may reduce significantly in the market during the contract term.
For example, at the start of a data hosting contract the customer may
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
This Practice Note considers the nature and scope of arbitration agreements with a particular focus on arbitration agreements pursuant to the law of England and Wales, although it also discusses the concept from an international perspective and includes some comparative examples from other
The principles of the notarial act are that it is:•an act of the notary and not of the parties named in the document•a record of a fact, event or transaction•in the form of a document, notwithstanding the form of the underlying document, fact, event or transactionThe purpose of the notarial act is
This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your matter is proceeding, you may also need to be mindful of additional provisions—see further below.Note: this Practice Note does not deal with the
Company directors are not, by virtue only of their office as director, automatically entitled under company law to remuneration for services as a director or to reimbursement of expenses incurred in rendering such services. Power to pay directors remuneration for their services will need to be
0330 161 1234
To view our latest legal guidance content,sign-in to Lexis®PSL or register for a free trial.