Petitioner
Korea Technologies Co.
Respondent
Hon. Alberto A. Lerma
Citation
G.R. No. 143581
Court
Supreme Court
Division
Second Division
Ponente
Velasco, Jr., J.
Decided
January 7, 2008

Summary

This Supreme Court case established the validity of international arbitration clauses in commercial contracts between Filipino and foreign corporations. KOGIES, a Korean corporation, contracted with PGSMC, a Philippine corporation, to supply and install an LPG manufacturing plant for USD 1,530,000. When PGSMC stopped payment of the remaining balance and sought to rescind the contract unilaterally, KOGIES invoked the arbitration clause requiring disputes to be resolved in Seoul, Korea. The lower courts declared the arbitration clause void for ousting local court jurisdiction. The Supreme Court reversed, holding that arbitration clauses are valid under Philippine law and do not oust court jurisdiction since foreign arbitral awards require confirmation by Philippine courts under RA 9285. The decision reinforced the policy favoring alternative dispute resolution methods and upheld the enforceability of international commercial arbitration agreements, while protecting parties' rights through judicial review mechanisms for foreign arbitral awards.

Statutes applied

By the Intellegal Editorial Board · January 7, 2008

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