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COURT ON
ALTERNATIVE DISPUTE
RESOLUTION
1. Preliminary injunction
2. Preliminary attachment
against property or
garnishment of funds in
custody of a bank or 3rd
Types of person
3. Appointment of receiver
4. Detention, preservation,
interim delivery or inspection of
property
5. Assistance in enforcement
measures of an interim measure of
protection granted by
Rule 5.6 arbitral tribunal which
letter cannot enforce
effectively
Verified petition must
state:
Contents of -fact that there is
arbitration agreement
petition for -fact that arbitral
tribunal has not been
constituted or if
interim constituted, unable to
act
-detailed description of
measures of appropriate relief
sought
protection -grounds relied on for
allowance of petition
Rule 5.5
When to petition for interim
measures Rule 5.2
• Before commencement
• After commencement of arbitration
but prior to constitution of arbitral
1 tribunal
• After arbitral tribunal’s constitution
but it has no power to act or is
unable to act effectively
2 measures of protection
How to apply for interim measure
of protection with Court?
• Application is initiated by filing a petition in RTC
1. Petition • Prior notice must be served upon adverse party
Relief against
Court action However, if the protective measure
was issued in a proceeding whereat
the adverse party was given an
opportunity to be heard, order of
Rule 5.10 court granting petition shall be
immediately executory
Conflict or inconsistency between
interim measure of protection issued
by Court and by Arbitral Tribunal
Rule 5.14
It shall be immediately
referred by the Court to the
arbitral tribunal which shall
have authority to decide
such question
It is an award of an
What is a arbitration that is
made in a country
other than
foreign Philippines. It
includes an
international
arbitral commercial arbitral
award rendered
outside Philippines.
award (Rule 1.11)
• Rule 13 is applicable only to convention and
as-in convention awards and is not applicable
to foreign arbitral awards rendered in a non-
convention country which does not extend
comity or reciprocity to the Philippines.