Question

Alex, a resident of the Philippines, entered into a contract with Carl, a resident of the United States, for the purchase of a rare artwork. The contract stipulates that any disputes arising from the contract shall be settled in the courts of the Philippines. Subsequently, a dispute arises between Alex and Carl regarding the authenticity of the artwork. Alex wants to file a lawsuit in the Philippines, while Carl insists that the lawsuit should be filed in the United States.

In light of the Conflict of Laws principles under Articles 15 to 18 of the Civil Code, discuss the following:

1. Which court or courts have jurisdiction over the dispute between Alex and Carl? Explain the basis for your answer. (10 points)
2. Considering the doctrine of forum non conveniens, explain whether the Philippine court would be justified in refusing to exercise jurisdiction over the case. (10 points)