Is it better to arbitrate or litigate digital transformation disputes? Like most things, it depends.

  • Arbitration is usually less expensive and quicker than litigation.
  • You can select an arbitrator with ERP software and technology experience, and the dispute is confidential.
  • In some scenarios, you may have a panel of arbitrators.

Choosing the right arbitrator(s) is

The move to the cloud has been transformative, but negotiating cloud and SaaS contracts presents its own set of challenges.

The legal and business terms presented in cloud contracts are different from those in traditional on-premise software licenses. You have no greater leverage with your vendor to negotiate meaningful concessions than before you commit to

Understanding what to negotiate and who you are negotiating against is fundamental in leveraging the ERP contract negotiation process to your advantage.

You want to have a plan going into the negotiation process for what you will ask for, how you will mitigate risk, critical asks, and fall-back positions.

If you treat the ERP contract

The themes underlying failed SAP and Oracle ERP and digital transformation lawsuits are almost always the same. Vendors misrepresent functionality, cloud products are not fully baked, and salespeople minimize the software’s limitations while overselling its capabilities.

In this video, I discuss common themes in the many failed ERP implementations I have litigated in my career.