SSEK Legal Consultants has contributed the Indonesia chapter to the publication Contract Laws of Asia – Indemnities.
Released by the Asian Business Law Institute (ABLI), with support from its parent organization, Singapore Academy of Law, Contract Laws of Asia – Indemnities is the first full-fledged publication under ABLI's Contracts Project. It aims to produce a set of standard-form contract terms where risks are relatively evenly allocated and which can be valid in a majority of Asian jurisdictions.
This fully-cited, 177-page publication considers 12 jurisdictions and governing laws that are high priorities for parties contracting across borders in the Asia Pacific, and 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 analogous remedies are available in those jurisdictions.
SSEK partner Fransiscus Rodyanto and Fadhira Mediana, an associate at the firm, authored the chapter for Indonesia in the publication.
The publication is available here. The team has also contributed to other smaller collections under this project, which are available for free download here.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
