Choice of law governing a contract where its existence is in dispute: Clarifications from the Singapore International Commercial Court in Lew, Solomon v Kaikhushru Shiavax Nargolwala

Author

Shou Yu CHONG, Singapore Management UniversityFollow

Publication Type

Journal Article

Version

publishedVersion

Publication Date

3-2021

Abstract

The Singapore International Commercial Court’s judgment in Lew, Solomon v Kaikhushru Shiavax Nargolwala [2020] 3 SLR 61 is noteworthy as it heralds a modest development in Singapore private international law, especially in respect to the not uncommon issue of disputes over cross-border contracts where its existence is challenged. This case represents one of the handful of Singapore precedents which directly addresses the difficult conundrum where both the governing law and the existence of the underlying contract are in dispute. Under this context, it articulates a default choice of law position – the lex fori – where it is impossible to objectively identify, factually, the law parties would have chosen. This article provides an inquisitive and critical comment of the case.

Discipline

Asian Studies | Dispute Resolution and Arbitration | International Law

Research Areas

Dispute Resolution

Publication

Singapore Academy of Law Journal

Volume

33

First Page

662

Last Page

679

ISSN

0218-2009

Publisher

Singapore Academy of Law

City or Country

Singapore

Embargo Period

5-4-2021

Citation

CHONG, Shou Yu. Choice of law governing a contract where its existence is in dispute: Clarifications from the Singapore International Commercial Court in Lew, Solomon v Kaikhushru Shiavax Nargolwala. (2021). Singapore Academy of Law Journal. 33, 662-679.
Available at: https://ink.library.smu.edu.sg/sol_research/3250

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