Contract Laws of Asia – Limitations of Liability

Asian Business Law Institute and Singapore Academy of Law

July 2023

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. Where relevant, external links are also included for statutes and cases.

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Index

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 46 – 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 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

Table of contents