Contract Laws of Asia – Limitations of Liability
Contract Laws of Asia – Limitations of Liability
Asian Business Law Institute and Singapore Academy of Law (July 2023)
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Exclusion and limitation of liability clauses are commonly found in contracts, and are employed by parties as an attempt to shift all or some of the risk of loss to the innocent party in the event of a breach.
The Contract Laws of Asia – Limitations of Liability focuses on:
- Operation of exclusion and limitation of liability clauses in contracts in select common law jurisdictions, such as their requirements, restrictions (at common law and by statute, where applicable) and interpretation, whether non-contractual wrongs can be excluded and limited, etc.; and
- Operation of exclusion and limitation of liability clauses in contracts in select civil law and hybrid jurisdictions, such as whether different standards apply to specific types of contracts or under specialized laws.
Jurisdictions and governing laws covered by the publication are:
- Civil law and hybrid jurisdictions: China, Indonesia, Japan, the Philippines, Thailand and Vietnam
- Common law: Australia, England and Wales, India, Malaysia, New York law, Singapore
This is a fully-cited, 99-page publication where contents are internally hyperlinked to offer readers an easier navigation experience.
Table of content
Australia (pp 11 – 15)
Jonathan Slater, Ananya Roy and Christian McDowell of Clayton Utz
China (pp 16 – 20)
Deng Yongquan of Anli Partners and Dr Du Guodong of Hylands Law Firm
England and Wales (pp 21 – 35)
Rhys Thomas, David Harding and Zhi Ong of Jones Day
India (pp 36 – 44)
Vivek Kathpalia, Dipti Bedi, Pragati Sharma and Abhilasha Malpani of Cyril Amarchand Mangaldas
Indonesia (pp 45 – 47)
Fransiscus Rodyanto and Fadhira Mediana of SSEK Law Firm
Japan (pp 48 – 52)
Sook Zhen Ng of Dentons Rodyk and Yasuhiko Tanabe of Tanabe & Partners
Malaysia (pp 53 – 60)
Lee Lily @ Lee Eng Cher of Zaid Ibrahim & Co (in association with KPMG Law)
New York law (pp 61 – 67)
Dan Moss and Roger Lu of Jones Day
Philippines (pp 68 – 73)
JJ Disini of Disini Buted Disini Law Offices
Singapore (pp 74 – 87)
Kala Anandarajah, BBM, Alvin Tan and Joshua Seet of Rajah & Tann Singapore LLP
Thailand (pp 88 – 92)
Ittichai Prasongprasit and Thamolwan Cheewakriengkrai of R&T Asia (Thailand) Limited
Vietnam (pp 93 – 98)
Duc Dang and Loc Ngo Dang of Indochine Counsel
Published under ABLI's project to harmonize contract clauses in Asia where the aim is to produce a set of contract terms that allocate risks relatively evenly and that can be valid in a majority of Asian jurisdictions. The first set of the model clauses has been published at https://payhip.com/b/oeFBn.
