GROUP 1 (4S)

ABASTA, Sancho III

DELA FUENTE, Rafael Kenneth
MORALES, Jonathan Gil
RODRIGUEZ, Earl Allende

I.

INTRODUCTION TO CONFLICT OF LAWS/PRIVATE INTERNATIONAL LAW

Private International Law or Conflict of Laws is that part of the law of each state which determines
whether in dealing with a factual situation involving a foreign element, the law or judgment of
some other state will be recognized or applied in the forum.

Westlake that department of private jurisprudence which determines before the courts of what nation each suit should be brought and
by the law of what nation it should be decided.
Judge Goodrich that part of the law which deals with the extent to which the law of a state operates and determines whether the rules
of one or another state should be applied in a legal situation.
The Second American Restatement that part of the law of each State which determines what effect is given to the fact that the case
may have a significant relationship to more than one State.
Prof. Brainerd Currie that branch of law designed to deal with conflicts between the interests of two or more States in applying the
policies embodied in their respective laws.
Private International Law and Conflict of Laws
Private International Law not international but national law
Conflict of laws suggests that all that occurs is a conflict of different laws and legal systems.
Elements of a Conflict of Laws Questions
Problems in the Conflict of Laws arise due to the concurrence of two factors:
1)
2)

the division of the world into different states or territorial units, each state or unit having different systems of laws; and
the presence of a situation containing a foreign element, that is to say, an event or transaction affected by the diverse laws of two
or more states or territorial units.

Importance and Function

1)
2)
3)

To prescribe the conditions under which a court or agency is competent to entertain a suit or proceeding involving facts containing a
foreign element;
To specify the circumstances in which foreign judgment will be recognized as valid and binding in the forum; and
To determine for each class of cases the particular system of law by reference to which the rights of the parties must be ascertained
this is the fundamental problem of choice of law

4 important points:
1. Rules of Private International Law, like all other rules of law, apply only to certain given facts not characterized as creating some legal
relationship;
2. The selection of legal systems open to the court is limited to those that are simultaneously valid;
3. The legal effects of a certain set of facts are not always determined by one single legal system.

Cumulative application
Alternative application

Charact
er

Public
Internation
al Law
International
in nature

Source

Common will
of States

Recours
e

Diplomatic
channels,
good offices,
mediation,
conciliation,
arbitration,
etc.
(traditional

Others

Conflict of
Laws
National or
municipal in
character
Exc:
embodied in
a convention
(Warsaw
Convention
of 1929)
Will of a
particular
State
National or
municipal
tribunals

(1) deals

PIL)
(1) deals for
most part
with
States
(2)
recognizes
only
transactions
in which
sovereign
states are
interested

II.

III.

with private
individuals
(state has no
direct
interest)
(2) assumes
control over
transactions
strictly
private
in nature, in
which the
state
as such
generally
has no
interest
(private
transactions)

HISTORICAL DEVELOPMENT AND SOURCES

(1)
(2)
(3)
(4)
(5)
(6)
(7)

Earliest Period Theory of Statutes (12th 18th Centuries)

The French jurists of the 16th Century
The Doctrine of Comitas Gentium (17th Century)
Beginning of Codifications
19th Century jurists
Modern Developments
History in the Philippines

(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)

Sources
Codifications
Special Legislation
Multilateral Treaties and International Conventions
Bipartite Treaties
Case Law
International Customs; Law of Nations
The Constitution
Indirect Sources

JURISDICTION AND CHOICE OF FORUM

Ways Of Disposing Of Conflicts Cases:
(1) Dismiss the case, either because of lack of jurisdiction or refusal to assume jurisdiction over the case;
(2) Assume jurisdiction over the case and apply the internal law of the forum;
(3) Assume jurisdiction over the case and take into account or apply the law of some other State or states.
Types Of Jurisdiction
1. Jurisdiction over the subject matter;
2. Personal jurisdiction;
3. Jurisdiction over the res;
4. Jurisdiction and due process clauses
What is Forum non conveniens?
Latin for "forum not agreeing
Courts may refuse to take jurisdiction over matters where there is a more appropriate forum available to the parties.
In conflict of laws, it applies between courts in different countries and between courts in different jurisdictions in the same country.
Origin of Forum non conveniens
United States
Willendson v Forsoket 29 Fed Cas 1283 (DC Pa 1801) (No 17,682)
United Kingdom (The Brussels Convention)
Owusu v Jackson and others
Australia ("clearly inappropriate forum" test)
Oceanic Sun Line Special Shipping Co v Fay (1988) 165 CLR 197
Voth v Manildra Flour Mills (1990) 171 CLR 538
Canada (Domestic forum will always win out)
Amchem Products Inc. v. British Columbia Worker's Compensation Board, [1993]1 S.C.R. 897
United States
Factors to be considered in granting motion to dismiss on the ground of Forum non conveniens:
location of potential witnesses;
location of relevant evidence and records;
Possible undue hardship for the defendant;
Availability of adequate alternative forums for the plaintiff;
expeditious use of judicial resources;
choice of law applicable to the dispute;

Questions of public policy;

Choice of Forum
(1) Dismissing the case; the principle of forum non conveniens
(2) Application of Internal or Domestic Law
Suggested case readings:
Sweet Lines, Inc. vs. Teves, et al., G.R. No. L-37750 (19 May 1978)
HSBC vs. Jack Robert Sherman, et al., G.R. No. 72494 (11 August 1989)