King's College London

Research portal

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 [2020] 3 SLR 61

Research output: Contribution to journalArticlepeer-review

Documents

King's Authors

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.

Download statistics

No data available

View graph of relations

© 2020 King's College London | Strand | London WC2R 2LS | England | United Kingdom | Tel +44 (0)20 7836 5454