Enforceability of knock-for-knock indemnities in oilfield service contracts in Thailand
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 exclud...
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| Format: | Proceeding Paper |
| Language: | English |
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National Institute of Development Administration (NIDA)
2016
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| Online Access: | http://irep.iium.edu.my/54623/ http://irep.iium.edu.my/54623/1/ENFORCEABILITY%20OF%20KNOCK-FOR-KNOCK%20INDEMNITIES%20IN%20OILFIELD%20SERVICE%20CONTRACTS%20IN%20THAILAND.pdf |
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| author | Wan Zahari, Wan Mohd Zulhafiz Md. Radzi, Mohd Shahril Nizam |
| author_facet | Wan Zahari, Wan Mohd Zulhafiz Md. Radzi, Mohd Shahril Nizam |
| author_sort | Wan Zahari, Wan Mohd Zulhafiz |
| building | IIUM Repository |
| collection | Online Access |
| description | 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. |
| first_indexed | 2025-11-14T16:37:18Z |
| format | Proceeding Paper |
| id | iium-54623 |
| institution | International Islamic University Malaysia |
| institution_category | Local University |
| language | English |
| last_indexed | 2025-11-14T16:37:18Z |
| publishDate | 2016 |
| publisher | National Institute of Development Administration (NIDA) |
| recordtype | eprints |
| repository_type | Digital Repository |
| spelling | iium-546232017-03-01T03:58:12Z http://irep.iium.edu.my/54623/ Enforceability of knock-for-knock indemnities in oilfield service contracts in Thailand Wan Zahari, Wan Mohd Zulhafiz Md. Radzi, Mohd Shahril Nizam K Law (General) 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. National Institute of Development Administration (NIDA) 2016 Proceeding Paper PeerReviewed application/pdf en http://irep.iium.edu.my/54623/1/ENFORCEABILITY%20OF%20KNOCK-FOR-KNOCK%20INDEMNITIES%20IN%20OILFIELD%20SERVICE%20CONTRACTS%20IN%20THAILAND.pdf 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. http://www.icada2017.nida.ac.th/main/images/icada2017/the%20proceedings%20of%20the%205th%20icada%202016%20with%20cover.pdf |
| spellingShingle | K Law (General) Wan Zahari, Wan Mohd Zulhafiz Md. Radzi, Mohd Shahril Nizam Enforceability of knock-for-knock indemnities in oilfield service contracts in Thailand |
| title | Enforceability of knock-for-knock indemnities in oilfield service contracts in Thailand |
| title_full | Enforceability of knock-for-knock indemnities in oilfield service contracts in Thailand |
| title_fullStr | Enforceability of knock-for-knock indemnities in oilfield service contracts in Thailand |
| title_full_unstemmed | Enforceability of knock-for-knock indemnities in oilfield service contracts in Thailand |
| title_short | Enforceability of knock-for-knock indemnities in oilfield service contracts in Thailand |
| title_sort | enforceability of knock-for-knock indemnities in oilfield service contracts in thailand |
| topic | K Law (General) |
| url | http://irep.iium.edu.my/54623/ http://irep.iium.edu.my/54623/ http://irep.iium.edu.my/54623/1/ENFORCEABILITY%20OF%20KNOCK-FOR-KNOCK%20INDEMNITIES%20IN%20OILFIELD%20SERVICE%20CONTRACTS%20IN%20THAILAND.pdf |