3C Conflict of Laws (Santiago)

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Conflict of Laws

3C

Atty. Jay Patrick Santiago

Instructions:
 
 Type: Online Administration-Proctored Exam
 Closed notes. No reading materials or references shall be allowed.
 Two hours to answer.
 Answers shall be submitted by email to Ateneo Law.
 Format: MS Word
 There is no word limit, but for each item you are expected to provide an exhaustive
discussion on all relevant topics based on case law, provisions of law, commentaries,
lectures, and discussions during the semester.
 
1.     Explain and discuss the relevance of public policy to the discussion of conflict of laws. (20 points)
 
2.     Critically analyze and discuss the quote: “Philippine courts would do well to adopt the first and
most basic rule in most legal systems, namely, to allow the parties to select the law applicable to their
contract, subject to the limitation that it is not against the law, morals, or public policy of the forum and
that the chosen law must bear a substantive relationship to the transaction.” (20 points)
 
3.     Enumerate, compare, and discuss the grounds for setting aside a foreign arbitral award under the
New York Convention and the grounds to refuse the enforcement of foreign judgments in the
Philippines. (20 points)
 
4.     Enumerate and discuss the theories on why foreign law in some cases may be given effect. (20
points)
 
5.     Critically analyze this statement: The locus delicti in torts is the place which has the most
substantial or essential connection with the act. (20 points)

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