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AllBar 2024CIVIL LAWI. EFFECT AND APPLICATION OF LAWSM. Conflict of Laws (Civil Code, arts. 15-18)2. Choice of Law, Doctrine of Renvoi, Doctrine of Processual Presumptiona. Lex Nationalii

Question

Subject: Choice of Law, Doctrine of Renvoi, Doctrine of Processual Presumption

Scenario:

Alan, a Filipino citizen, entered into a contract with Sarah, a British citizen, for the sale of a property in the Philippines. The contract stipulated that any disputes arising from the agreement shall be resolved through arbitration in Singapore. During the course of the arbitration proceedings, it was determined that the governing law of the contract was the Civil Code of the Philippines.

In the course of the arbitration, a question arose as to whether the doctrine of renvoi or the doctrine of processual presumption should be applied.

Based on the given scenario, analyze and discuss the following:

  1. Whether the doctrine of renvoi can be applied in determining the applicable law in the contract.
  2. Whether the doctrine of processual presumption can be invoked in the arbitration proceedings.
  3. If the doctrine of renvoi is applicable, what is its effect on the determination of the governing law of the contract?
  4. If the doctrine of processual presumption is applicable, what is its impact on the arbitration proceedings?



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Bar Review Question: Subject: Choice of Law, Doctrine of Renvoi, Doctrine of Processual Presumption Scenario: Alan, a F