Question

Conflict of Laws: Jurisdiction and Forum Non Conveniens

You are a lawyer representing a plaintiff in a civil case involving a contractual dispute between a Philippine company and a foreign company. The contract between the two parties has a forum selection clause stating that any disputes arising from the contract shall be settled in the courts of the foreign country.

The plaintiff wants to file the case in the Philippines, arguing that the Philippine courts have jurisdiction based on the nature of the dispute and the presence of assets belonging to the foreign company within Philippine territory. The defendant, on the other hand, wants the case dismissed on the grounds of forum non conveniens, arguing that the foreign courts would be a more appropriate and convenient forum for litigation.

Based on the given scenario, answer the following questions:

1. What are the factors that the court will consider in determining jurisdiction over the case? Discuss each factor briefly.
2. Explain the concept of forum non conveniens. When can the doctrine be invoked? Provide an example of a situation where the court may apply the doctrine.