Asian Business Law Institute and Singapore Academy of Law

January 2023

The Contract Laws of Asia – Liquidated Damages and Penalty Clauses focuses on:

• Practical operation of liquidated damages clauses in contracts in select common law jurisdictions, including restrictions placed on such clauses, defenses to claims under such clauses, treatment of claims under such clauses in the event of insolvency of the obligor, etc.
• Whether the common law concept of liquidated damages exists in select civil law and hybrid jurisdictions, and if this concept does not exist, where are the analogous remedies available in those jurisdictions, and how those remedies differ from liquidated damages in the common law context

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, 148-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.

Members of the Singapore Academy of Law (SAL) who wish to redeem this publication with their SAL C$ can visit SAL’s e-commerce site to complete the transaction.