Two member firms of Rajah & Tann Asia, Rajah & Tann Singapore and R&T Asia (Thailand), have contributed the Singapore and Thailand Chapters, respectively, of the “Contract Laws of Asia – Indemnities” guide jointly published by the Asian Business Law Institute (“ABLI“) and the Singapore Academy of Law.
Indemnity clauses frequently appear in commercial contracts in the common law countries. Although they have since found their way into contracts in civil law jurisdictions and their use in commercial transactions in these countries has become increasingly popular, the common law concept of indemnity may not be fully appreciated in the civil world. The guide focuses on the following:
- 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.
The guide covers the following jurisdictions and governing laws:
- Civil law and hybrid jurisdictions: China, Indonesia, Japan, the Philippines, Thailand and Vietnam
- Common law: Australia, England and Wales, India, Malaysia, New York, Singapore
Loh Chun Kiat, Goh Jun Yi and Debbie Woo from Rajah & Tann Singapore authored the Singapore chapter, while Ittichai Prasongprasit from R&T Asia (Thailand) penned the Thailand chapter.
Rajah & Tann Asia is one of the Founding Partners of ABLI, a non-profit permanent think tank dedicated to providing practical guidance in the field of Asian legal development and promoting the convergence of Asian business laws.
For more information, click here to read the full Authored Publication.
