Outsourcing, franchising and leasing disputes – examples of mediations undertaken
A dispute between a retailer and service provider operating a call centre and warehousing facility concerning service level agreements, charging structures and termination.
A mediation involving a major airport arising out of an outsourcing contract (c. £2.5 million).
A dispute arising from the outsourcing by a manufacturer of aircraft of its IT function for a number of its sites, and the catastrophic failure of a material requirements operating system and data base.
A mediation arising out of the outsourcing of the order fulfillment and customer contact function of a major retail chain.
A two day mediation between a public body and a major service provider in relation to an allegedly failing procurement outsourcing project, with the dispute focusing on level of savings achieved and calculation of the share of those savings between the parties (c. £15 million).
An accounting dispute at the end of a major outsourcing contract involving a public body and concerning profit sharing mechanisms, pensions (Local Government Pension Scheme Rules), allocation of savings, application of central government grants and reasonable endeavors clauses.
A three party mediation between lessor, lessee and a finance company in relation to the leasing of IT equipment, with the precise obligations imposed under the various agreements between the parties in relation to delivery of equipment being the subject of dispute (c. £150K).
A case concerning repairing obligations under a lease of industrial equipment.
A dispute arising out of a franchise agreement in which issues concerning an alleged failure to follow certain livery and brand architecture requirements, and accounting protocols were raised.
A dispute between an international franchisor and one of its franchisees operating in a number of jurisdictions (c. £4 million).
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