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30 October 2020

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

Shouyu Chong

Published on e-First 30 October 2020

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.