Contract

 Intro
o Proper law of contract = law chosen by the parties expressly or impliedly, or in case where
intention cannot be inferred – the law with which contract has closest and most real
connection
o Lex loci contractus- the place where the contract was made
o Lex loci solutionis- law where contract was performed
o CISG, Hague convention, UNIDROIT Principles
o Party autonomy
o Choice of law
 Intention theory
 Discretion of courts

 England
o Choice of law with no connection allowed
o Reiterate – proper law
o Party autonomy
o Should not violate mandatory provisions of lex fori
 Shouldn’t be violative of public policy of lex fori
 Eg gambling contracts
o determined by proper law
 Capacity – also by lex domicilie
 Formation of contract
 Free consent
 India
o Reiterate choice of law.......
o Vita foods v unus shipping
o NTPC v Sengar co – law governing contract = law governing arb agreement. Choice of law
must be in consonance with Public policy. Party autonomy – different laws for different
contracts.
o Modi entertainment network v WSG cricket
 Parties can insert clauses for exclusive jurisdiction of a neutral court
o S 28 – arb act
o Delhi cloth mills v harnan singh + british steam navigation Co v cashew industries
 If no choice of law, then law with closest connection
o There cant be floating proper law
o Specific contracts
 Contract with bank – where branch of bank where account was opened