A clause to give the parties the right to obtain remedies that are at the discretion of the courts of a jurisdiction in addition to contractual damages. Also known as an "inadequacy of damages" clause. Important remedies such as the right to specifically perform a contract or obtain an injunction are available at the court's discretion in some jurisdictions, including in China. Guidance is provided on using the clause under the laws of China, Hong Kong, and England and Wales.

This clause is adapted from a boilerplate clause designed for use in documents governed by English law, which can be found at Standard Clause, Inadequacy of damages.

This standard clause is available in Chinese. To download a Word version of this standard document in Chinese, click Standard Clause, Discretionary Remedies: China (Chinese Language Version).