Asian Business Law Institute and Singapore Academy of Law

September 2022

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.

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, 172-page publication where contents are internally hyperlinked to offer readers an easier navigation experience.

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