Re-examination of the use of indemnity clauses: Drafting and reviewing indemnities

Jul 2010 |

Regardless of (and in many senses because of) the recent fluctuations in the local and global economic outlook, managing risk is more crucial than ever. The appropriate use of contractual indemnities, as well as a broader attention to detail on risk allocation through contracts is a critical part of managing risk. Even where risk is allocated to the party best placed to manage it (with control over the variables that may lead to occurrences), a failure to review or draft an indemnity provision with precision can result in protracted and costly disputation.

By John Matthews, Associate

and Patrick Mead, Partner |

Constructive Notes, July 2010