Wan Zahari, Wan Mohd Zulhafiz and Md. Radzi, Mohd Shahril Nizam (2016) Enforceability of knock-for-knock indemnities in oilfield service contracts in Thailand. In: The Fifth International Conference on Advancement of Development Administration 2016—Social Sciences and Interdisciplinary Studies (The 5th ICADA 2016—SSIS), 26th-28th May 2016, Bangkok, Thailand.
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Abstract
This research addresses the issue of enforceability of mutual indemnity and hold harmless clauses (MIHH) pertaining to bodily injury and death in oilfield service contracts in Thailand. Thai Unfair Contract Terms Act B.E. 2540 (A.D. 1997) (“TUCTA”) prohibits a contracting party to restrict or exclude liabilities pertaining to bodily injury and death arising from his negligence. This restriction might be thought to have an effect of hampering the risk allocation. Similar restriction contains under the Unfair Contract Terms Act 1977 (“UCTA”). However, by virtue of the Supreme Court decision in Farstad Supply A/S VS Enviroco Ltd [2011] UKSC 16, the MIHH could be enforceable despite the restriction. Nevertheless, the IMHH will be subject to the reasonableness test under UCTA. Thus, it could be argued that in spite of the restriction under TUCTA, the IMHH in standard form oilfield service contracts e.g., LOGIC could still be enforceable in Thailand, subject to certain limitations.
| Item Type: | Conference or Workshop Item (Plenary Papers) |
|---|---|
| Additional Information: | 7704/54623 |
| Uncontrolled Keywords: | Oilfield service contracts, oil and gas, law, Thailand |
| Subjects: | K Law > K Law (General) |
| Kulliyyahs/Centres/Divisions/Institutes (Can select more than one option. Press CONTROL button): | Kulliyyah of Information and Communication Technology Kulliyyah of Information and Communication Technology |
| Depositing User: | Dr. Wan Mohd Zulhafiz Wan Zahari |
| Date Deposited: | 10 Feb 2017 14:47 |
| Last Modified: | 01 Mar 2017 11:58 |
| URI: | http://irep.iium.edu.my/id/eprint/54623 |
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