Studies in the Contract Laws of Asia

Volume III: Contents of Contracts and Unfair terms

Edited by Mindy Chen-Wishart and Stefan Vogenauer

Friday 5 March 2021, 11.00 AM TO 12.45 PM (GMT)

The Authors

(L-R:) Mindy Chen-Wishart, Stefan Vogenauer, Ewan McKendrick, Lady Arden of Heswall, Jan Sheng-Lin (Grand Justice of the Constitutional Court of Taiwan)


  • An authoritative account of the contents of contracts and unfair terms in key Asian jurisdictions

  • Brings together leading scholars and commentators on China, India, Japan, Korea, Taiwan, Singapore, Malaysia, Myanmar, Hong Kong, Korea, Vietnam, Cambodia, Thailand, and Indonesia

  • An invaluable resource for comparative scholars, whether in the East or West, and anyone engaged in commerce in the major Asian markets

Mindy Chen-Wishart - Contents of Contracts and Unfair Terms


Studies in the Contract Laws of Asia provides an authoritative account of the contract law regimes of selected Asian jurisdictions, including the major centres of commerce where limited critical commentaries have been published in the English language. Each volume in the series aims to offer an insider's perspective into specific areas of contract law - remedies, formation, parties, contents, vitiating factors, change of circumstances, illegality, and public policy - and explores how these diverse jurisdictions address common problems. encountered in contractual disputes. A concluding chapter draws out the convergences and divergences, and other themes. All the Asian jurisdictions examined have inherited or adopted the common law or civil law models of European legal systems. Scholars of legal transplant will find a mine of information on how received law has developed after the initial adaptation and transplant process, including the mechanisms of and influences affecting these developments. At the same time, many points of convergence emerge. These provide good starting points for regional harmonization projects.

Volume III of this series deals with the contents of contracts and unfair terms in the laws of China, Hong Kong, India, Indonesia, Japan, Korea, Malaysia, Myanmar, the Philippines, Singapore, Taiwan, Thailand, and Vietnam. Typically, each jurisdiction is covered in two chapters: the first deals with the contents of contracts and how contractual terms are identified and interpreted; the second deals with unfair terms, the situations where the law will interfere in matters of 'unfairness' relating to contract terms, and legal responses to unfair terms.



Welcome by Ewan McKendrick

Professor of Law, and Former Registrar of Oxford University, Chair of the Finance Committee and a Delegate of OUP


Introduction by Mindy Chen-Wishart

Dean of Law Faculty, University of Oxford


Presentation by Stefan Vogenauer

Director at the Max Planck Institute for Legal History and Legal Theory, Frankfurt


Reply by Jan Sheng-Lin

Grand Justice of the Constitutional Court of Taiwan; former Dean of Law at National Taiwan University


Reply by Lady Arden of Heswall

Judge of the Supreme Court of the UK