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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

Subject: Conflict of Laws - Jurisdiction and Forum Non Conveniens

Your client, a Filipino national, entered into a contract with a company based in the United States for the purchase of goods. The contract specified that any disputes arising from the contract would be subject to the exclusive jurisdiction of the Philippine courts.

After a dispute arises, the company files a lawsuit against your client in a court in the United States, arguing that the Philippine courts lack jurisdiction over the matter. Your client, on the other hand, maintains that the Philippine courts should exercise jurisdiction.

Discuss the following:

  1. Under Philippine law, what principles govern jurisdiction in cases involving contracts?
  2. Explain the doctrine of forum non conveniens and how it is applied in the Philippines.
  3. Consider the factors that Philippine courts may consider when deciding whether to decline jurisdiction in favor of a foreign court.
  4. Based on the given scenario, should the Philippine courts accept or decline jurisdiction? Discuss the basis for your answer.



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Bar Review Question: Subject: Conflict of Laws - Jurisdiction and Forum Non Conveniens Your client, a Filipino national