Contract Laws of Asia – Indemnities
Asian Business Law Institute and Singapore Academy of Law (September 2022)
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Indemnity clauses are frequently seen in commercial contracts in the common law world. Although those clauses have since found their way into contracts in civil law jurisdictions and are becoming increasingly common, understanding of a common law indemnity may not be entirely accurate in the civil law world.
The Contract Laws of Asia – Indemnities thus focuses on:
- Operation of indemnity clauses in contracts in select common law jurisdictions, such as when such clauses are commonly sought, the advantages and disadvantages of an indemnity, and how a claim under an indemnity clause differs from a claim for damages for breach of contract; and
- Whether the common law concept of indemnity exists in select civil law and hybrid jurisdictions, and if this concept does not exist, where are the analogous remedies available in those jurisdictions.
- 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
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Table of content
Australia (pp 11 – 38)Jonathan Slater, Ananya Roy and Christian McDowell of Clayton Utz
China (pp 39 – 47)Deng Yongquan and Dr Du Guodong of Anli Partners
England and Wales (pp 48 – 61)Rhys Thomas, David Harding and Stanzi Rosenthal of Jones Day
India (pp 62 – 76)Vivek Kathpalia, Dipti Bedi, Pragati Sharma and Abhilasha Malpani of Cyril Amarchand Mangaldas
Indonesia (pp 77 – 86)Fransiscus Rodyanto and Fadhira Mediana of SSEK Legal Consultants
Japan (pp 87 – 95)Sook Zhen Ng of Dentons Rodyk and Yasuhiko Tanabe of Tanabe & Partners
Malaysia (pp 96 – 115)Lee Lily of Zaid Ibrahim & Co and Yim Siew Lim
New York law (pp 116 – 128)Dan Moss, Lee Wilson and Roger Lu of Jones Day, and Dominic Edwards
Philippines (pp 129 – 140)JJ Disini of Disini Buted Disini Law Offices
Singapore (pp 141 – 152)Debbie Woo Pui Haan, Loh Chun Kiat and JunYi Goh of Rajah & Tann Asia
Thailand (pp 153 – 161)Ittichai Prasongprasit of R&T Asia (Thailand) Limited
Vietnam (pp 162 – 171)Duc Dang, Steven Jacob 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.