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November 22, 2004] TPI moved to set the case for oral argument, positing that the
TRANSFIELD PHILIPPINES, INC., petitioner, vs. LUZON resolution of the Court on the issue of forum-shopping may have
HYDRO CORPORATION, AUSTRALIA and NEW ZEALAND significant implications on the interpretation of the ADR Act of
BANKING GROUP LIMITED and SECURITY BANK 2004, as well as the viability of international commercial
CORPORATION, respondents. arbitration as an alternative mode of dispute resolution in the
country.
The adjudication of this case proved to be a two-stage process as - Said motion was opposed by LHC in its opposition filed
its constituent parts involve 2 segregate but equally important arguing that the respective memoranda of the parties
issues. are sufficient for the Court to resolve the issue of forum-
1ST stage relating to the merits of the case, specifically the shopping.
question of the propriety of calling on the securities
during the pendency of the arbitral proceedings, was TPI filed its Manifestation and Reiterative Motion to set the case for
resolved in favor of Luzon Hydro Corporation (LHC) with oral argument, where it manifested that the ICC arbitral tribunal had
the Courts Decision issued its Final Award ordering LHC to pay TPI.
2ND involving the issue of forum-shopping on which the Court TPI also submitted a copy thereof with a Supplemental
required the parties to submit their respective memoranda is Petition RTC seeking recognition and enforcement of the said
disposed of in this Resolution. award.