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

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 whe...

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Main Author: CHONG, Shou Yu
Format: text
Language:English
Published: Institutional Knowledge at Singapore Management University 2021
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Online Access:https://ink.library.smu.edu.sg/sol_research/3250
https://ink.library.smu.edu.sg/context/sol_research/article/5217/viewcontent/Choice_of_Law_Governing_a_Contract_October_2020_pv__1_.pdf
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spelling sg-smu-ink.sol_research-52172022-04-13T09:19:22Z 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 CHONG, Shou Yu 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. 2021-03-01T08:00:00Z text application/pdf https://ink.library.smu.edu.sg/sol_research/3250 https://ink.library.smu.edu.sg/context/sol_research/article/5217/viewcontent/Choice_of_Law_Governing_a_Contract_October_2020_pv__1_.pdf http://creativecommons.org/licenses/by-nc-nd/4.0/ Research Collection Yong Pung How School Of Law eng Institutional Knowledge at Singapore Management University Asian Studies Dispute Resolution and Arbitration International Law
institution Singapore Management University
building SMU Libraries
continent Asia
country Singapore
Singapore
content_provider SMU Libraries
collection InK@SMU
language English
topic Asian Studies
Dispute Resolution and Arbitration
International Law
spellingShingle Asian Studies
Dispute Resolution and Arbitration
International Law
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
description 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.
format text
author CHONG, Shou Yu
author_facet CHONG, Shou Yu
author_sort CHONG, Shou Yu
title 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
title_short 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
title_full 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
title_fullStr 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
title_full_unstemmed 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
title_sort 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
publisher Institutional Knowledge at Singapore Management University
publishDate 2021
url https://ink.library.smu.edu.sg/sol_research/3250
https://ink.library.smu.edu.sg/context/sol_research/article/5217/viewcontent/Choice_of_Law_Governing_a_Contract_October_2020_pv__1_.pdf
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