FILING OF A CASE WITH CONFLICT OF LAWS ISSUE
DISMISS THE CASE
Lack of Jurisdiction Forum non conveniens
Over the subject Evidence and witnesses not
readily available in the forum
matter
Inadequacy of local judicial
machinery to effectuate the
right to be enforced
Over the person
Forum has no particular
interest in the case
Speedy disposition of cases
may be hampered especially if
court dockets are clogged
Difficulty in ascertaining the
applicable law
Filing of suit might be a form of
forum shopping or to secure
procedural advantage
ASSUME JURISDICTION
CHARACTERIZATION
1. Subject-matter characterization
2. Substance-Procedure Characterization
MUNICIPAL LAW FOREIGN LAW
Shall apply when: Is applied when:
1. Specific law of the forum so 1. Specific law of the forum
decrees decrees that proper foreign law
2. Doctrine of Processual should apply
Presumption or Presumed
Identity Approach directs its Ex: Lex Situs; Lex Nationalii; Lex
application Loci Celebrationis
3. Foreign Law cannot or should
not be applied 2. When another State has the
3.1 Contrary to public policy of dominant interest in a particular
the forum act or event, its law should be
3.2 Penal in nature applied (Law of the State of the
3.3 Procedural in nature Most Significant Relationship)
3.4 Purely fiscal or
administrative in nature
3.5 Application will cause
undeniable justice
3.6 Case involves property
situated in the forum
3.7 Application will endanger
foreign relations or vital
State interest
3.8 Contra bonos mores
(contrary to good morals)
4. Issue is procedural in nature
5. Law of the State of the Most
Significant Relationship
6. Court accepts Renvoi