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AllBar 2024CIVIL LAWI. EFFECT AND APPLICATION OF LAWSM. Conflict of Laws (Civil Code, arts. 15-18)1. Jurisdiction, Forum Non Conveniens

Question

M. Conflict of Laws: Jurisdiction and Forum Non Conveniens

A is a resident of the Philippines, while B is a resident of the United States. They entered into a contract for the delivery of goods, with A as the seller and B as the buyer. The contract specified that any disputes arising from the contract shall be resolved in accordance with Philippine law and will be subject to the jurisdiction of Philippine courts.

However, a dispute arises between A and B regarding the interpretation of the contract. B files a lawsuit against A in a court in the United States, claiming that the contract is invalid and seeking damages. A argues that the Philippine courts have jurisdiction based on the contract's choice-of-law and forum selection provisions.

  1. Discuss the concept of jurisdiction in conflict of laws and explain the principle of forum non conveniens.
  2. As the judge in the Philippine court where A filed a motion to dismiss based on forum non conveniens, how would you decide on the motion? Explain the factors you would consider in determining whether the case should be dismissed and the factors you would consider in determining whether the case should proceed in the Philippine court.
  3. What remedies are available to A if the Philippine court denies the motion to dismiss based on forum non conveniens and decides to retain jurisdiction over the case? Explain the possible legal strategies and arguments that A can utilize.



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