Contract Laws of Asia – Liquidated Damages and Penalty Clauses

Contract Laws of Asia – Liquidated Damages and Penalty Clauses (Softcopy)

This fully-cited and internally-hyperlinked publication covers 12 key jurisdictions for cross-border contracting for parties in the Asia Pacific: Australia, China, England and Wales, India, Indonesia, Japan, Malaysia, New York law, the Philippines, Singapore Thailand and Vietnam.

Across 148 pages, the publication 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

Date of Publication: January 2023

Publication Format: PDF only

Access: PDF will be emailed to your email address registered with SAL separately. There is no download option.

SGD 49.05

CPD Points : N/A

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Overview

Please contact info@abli.asia for queries relating to this publication. Please kindly note that this publication is only available in PDF format. There is no print version.

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.

Table of content

Australia (pp 12 – 18)

Jonathan Slater, Ananya Roy and Christian McDowell of Clayton Utz

China (pp 19 – 30)

Deng Yongquan of Anli Partners and Dr Du Guodong of Hylands Law Firm

England and Wales (pp 31 – 39)

Rhys Thomas and David Harding of Jones Day and Stanzi Rosenthal (until December 2022 of Jones Day)

India (pp 40 – 54)

Vivek Kathpalia, Dipti Bedi, Pragati Sharma and Abhilasha Malpani of Cyril Amarchand Mangaldas

Indonesia (pp 55 – 65)

Fransiscus Rodyanto and Fadhira Mediana of SSEK Legal Consultants

Japan (pp 66 – 75)