An outsourcing contract lays the foundation of a long-lasting relationship between the client and the provider with mutual dependencies. Therefore, the outsourcing contract must be efficiently adaptable to the changing needs of both parties. A lean, flexible contract, an individualised service description and the appropriate contractual means of control for the parties are crucial for contract compliance and contract management and thus ultimately decisive for the success of any outsourcing project.
Martina Arioli has more than 20 years of experience in drafting and negotiating large outsourcing agreements, including Cloud Computing, SaaS, Information Technology Outsourcing (ITO) und Business Process Outsourcing (BPO).
Our speciality are complex contractual matters. Focusing in particular on the intricacies of regulated industries such as the financial industry and the healthcare sector, we strive to provide our clients with comprehensive solutions tailored to their specific needs. We guide our clients through the legal and regulatory challenges they face when moving to the cloud as part of their digital transformation. We assist our clients with difficult resourcing and mediate contentious termination cases.
Drafting and review of tender documents (RFI and RFP) from a legal and regulatory point of view
Preparation and evaluation of bids from a legal perspective
Conducting contract negotiations, including competitive negotiations with multiple bidders in parallel
Legal support prior to and during transition, in particular in a multijurisdictional context
Advice on contract amendments during the contract period
Advice on contract termination and resourcing to new supplier, including mediation
We meet challenges with a passion for the art of negotiation and mediation. Martina Arioli has a unique expertise in outsourcing projects, dating back almost to the beginnings of IT outsourcing. With more than 20 years of experience in the field, Martina Arioli has often played a crucial role in outsourcing as well as resourcing projects to ensure the smooth transition of outsourced services. This has been the case in both multinational and purely Swiss outsourcing projects, both as an external consultant and as in-house counsel to international companies. This wealth of experience goes beyond merely drafting and negotiating contractual clauses.
Legal support of a Swiss insurance company in the resourcing of its entire IT outsourcing with partial termination and transfer to a new provider based abroad; contract drafts, contract negotiations and support in FINMA compliance
Negotiation of procurement contracts in complex telecommunication projects for hospitals
Legal support in comprehensive digital transformation projects of hospitals, including cloud-based applications, as well as legal advice on regulatory compliance in the procurement of medical devices
Drafting and negotiating a global F&A outsourcing (using robotics) of a Swiss industrial company with subsidiaries in 34 countries. Focus on contractual regulation of process improvement and global consolidation; analytics and robotic automation
Drafting and negotiating a near-shore F&A outsourcing for a large Swiss retailer; focus on contractual regulation of process improvement and consolidation
Drafting / amendment and negotiation of vendor contracts in the procurement of cloud solutions for healthcare institutions
Legal and regulatory analysis of IT outsourcing of a critical infrastructure provider