"Do you know" series: "Indemnity" and "Liquidated Damages" Clauses in Select Common Law Jurisdictions

"Do you know" series: "Indemnity" and "Liquidated Damages" Clauses in Select Common Law Jurisdictions

Asian Business Law Institute (June 2022)

This is a collection of short write-ups on indemnity and liquidated damages clauses in select common law jurisdictions covered by the Asian Business Law Institute (ABLI) in its Contracts Project.

The Contracts Project aims to produce standard-form contract terms that are valid in a majority of Asian jurisdictions and where risks are, relatively speaking, allocated in a balanced manner to both sides, so that costs that are unnecessarily incurred in contract negotiation can be saved. More information can be read here.

ABLI's Contracts Project covers the following jurisdictions and governing laws:

Civil law jurisdictions: China, Indonesia, Japan, Thailand and Vietnam

Common law jurisdictions and governing laws: Australia, India, Malaysia, Singapore, English law and New York law

Hybrid jurisdiction: The Philippines

This Collection includes (in alphabetical order by jurisdiction)

• "Indemnity" and "Liquidated Damages" in Australia (April 2022) by Jonathan Slater (Partner) and Ananya Roy and Christian McDowell (Senior Associates), Clayton Utz
• "Indemnity" and "Liquidated Damages" under English Law (May 2022) by David Harding (Partner), Rhys Thomas (Partner) and Stanzi Rosenthal (Associate), Jones Day based in London, United Kingdom
• "Indemnity" and "Liquidated Damages" in India (April 2022) by Vivek Kathpalia (Managing Director & CEO (Singapore Office)), Dipti Bedi (Director), Pragati Sharma (Principal Associate) and Abhilasha Malpani (Senior Associate), Cyril Amarchand Mangaldas
• "Indemnity" and "Liquidated Damages" in Malaysia (April 2022) by Lim Yim Siew (Partner), Zaid Ibrahim & Co
• "Indemnity" and "Liquidated Damages" under New York Law (April 2022) by Dan Moss (Partner), Lee Wilson (Partner), Dominic Edwards (Associate) and Roger Lu (Law Clerk), Jones Day