09 September 2022
[Coming soon] Contracts Laws of Asia - Indemnities
ABLI will soon be releasing the first full publication under its Contracts Project where we aim to develop a set of standard-form contract terms that can be valid in a majority of Asian jurisdictions and where risks are relatively evenly allocated.
The first publication, titled Contract Laws of Asia – Indemnities, 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.
This fully-cited publication covers 12 jurisdictions and governing laws (being governing laws most used by Asian parties in cross-border contracting), namely:
- Common law jurisdictions: Australia, India, Malaysia, Singapore, England and Wales (English law), and New York State (New York law)
- Civil law and hybrid jurisdictions: China, Indonesia, Japan, Philippines, Thailand and Vietnam.
Stayed tuned! Meanwhile, freely available materials previously published on this topic can be accessed here and here.