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  1. PDF ONLY 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