Question

Conflict of Laws: Jurisdiction and Forum Non Conveniens

Tom, a resident of the Philippines, entered into a contract with Jane, a resident of Japan, for the delivery of goods. There is a dispute arising from the contract, and Tom wishes to file a lawsuit against Jane in the Philippines.

Discuss the following:

1. What are the factors that determine the jurisdiction of Philippine courts in this case?
2. Can Jane argue that the Philippine courts lack jurisdiction over the case? Explain.
3. If the Philippine courts have jurisdiction, can Jane raise the defense of forum non conveniens? What are the elements that the court will consider in determining whether to apply forum non conveniens?