Distinction between the IMP of the TRIBUNAL and the COURT

Who
request
When to
request/peti
tion

TRIBUNAL

COURT

Under IRR, 4. 17

Special ADR, Rule 5

A party to the arbitration

A party to the arbitration

1. AFTER the
constitution of the
tribunal; and
2. DURING arbitral
proceedings

1. BEFORE arbitration is commenced

2. AFTER the arbitration is commenced BUT
BEFORE the constitution of the arbitral
Tribunal
3. AFTER the constitution of arbitral and ANY
time during the arbitral proceeding BUT, at
this stage, ONLY TO THE EXTENT that the
tribunal has:
a. No power to act; or
b. Unable to act effectively
RTC, which has jurisdiction over any of the ff places:
1. Where the principal place of business of any of the

Where to
file

parties to arbitration is located;

2. Where any of the parties who are individuals

resides;

3. Where any of the acts sought to be enjoined are

being performed, threatened to be performed or
not being performed; or
4. Where the real property subject of arbitration, or a
portion thereof is situated

Grounds in
granting
IMP (not
limited)

Contents of
the petition

Types of
IMP that a _
may grant

Failure of

1. To prevent
irreparable loss or
injury;
2. To provide security
for the performance
of any obligation
3. To produce or
preserve any
evidence; or
4. To compel any other
appropriate act or
omission
It is requested by a written
application transmitted by
a reasonable means to the
arbitral tribunal and the
party against whom the
relief is sought:
1. Describing in
appropriate details
of the precise relief
2. The party against
whom the relief is
requested
3. The grounds for
relief; and
4. The evidence
supporting the relief
1. Preliminary
injunction directed
against the a party
2. Appointment of
receivers
3. Detention
4. Preservation
5. Inspection of
property that is
subject of the
dispute in
arbitration

Note:
The same with.

1. That the fact that there is an arbitration

agreement
2. The fact that the arbitration tribunal has
a. Not been constituted; or
b. If constituted, is unable to act or would be
unable to act effectively
3. A detailed description of the appropriate
relief sought
4. The grounds relied on for the allowance of the
petition
NOTE:
That apart from other submissions, the
petitioner must attach to his petition an authentic copy of
the arbitration agreement.

1. Preliminary injunction directed against the a

party
2. Preliminary attachment against property or
garnishment of funds in the custody of a bank
or a 3rd person
3. Appointment of a receiver
4. Detention, preservation, delivery or
inspection of property; or
5. Assistance in the enforcement of an interim
measure of protection granted by the arbitral
tribunal, which the latter cannot enforce
effectively

Be liable for all damages,

APPENDIX A

the party to
comply with
the order
shall

resulting from noncompliance, including all

expenses, and reasonable
attorneys fees, paid in
obtaining the orders
INTERIM
judicial enforcement

MEASURE OF
PROTECTION
(IMP)

APPENDIX A