Attorneys from Tilleke & Gibbins in Thailand have contributed to Model Clauses for Contracting in Asia, which was released recently by the Asian Business Law Institute (ABLI) under its Contract Laws in Asia project. The publication provides a neutral framework for parties entering into cross-border contracts, regardless of the governing law or subject matter of the contract.
In today’s increasingly globalized economy, parties to commercial contracts are often based in different jurisdictions, with varying contract laws, legal labels, and languages. This often results in one of the parties entering into a contract governed by the laws of an unfamiliar jurisdiction. Similarly, if the parties opt for a neutral governing law, they may both be unfamiliar with the laws that govern their contract.
To address these challenges, Model Clauses for Contracting in Asia provides enforceable model clauses that are jurisdiction-neutral and applicable to any contract subject matter. Each model clause is designed to be enforceable irrespective of which jurisdiction is selected as the governing law and irrespective of the subject matter of the contract.