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of First Instance of the province or city where any of the parties resides, to enforce such contract or
submission.
E. IRR-RA 9285, Art. 4.8 and 5.7 - Arbitration Agreement and Substantive Claim Before Court.
(a) A court before which an action is brought in a matter which is the subject of an arbitration
agreement shall, if at least one party so requests not later than the pre-trial conference, or upon the
request of both parties thereafter, refer the parties to arbitration unless it finds that the arbitration
agreement is null and void, inoperative or incapable of being performed.
(b) Where an action referred to in the previous paragraph has been brought, arbitral proceedings may
nevertheless be commenced or continued, and an award may be made, while the issue is pending before
the court.
(c) Where the action is commenced by or against multiple parties, one or more of whom are parties to
an arbitration agreement, the court shall refer to arbitration those parties who are bound by the
arbitration agreement although the civil action may continue as to those who are not bound by such
arbitration agreement.
Arbitration Agreement and Substantive Claim Before Court.
(a) A party to an action may request the court before which it is pending to stay the action and to refer
the dispute to arbitration in accordance with their arbitration agreement not later than the pre-trial
conference. Thereafter, both parties may make a similar request with the court. The parties shall be
referred to arbitration unless the court finds that the arbitration agreement is null and void, inoperative
or incapable of being performed.
(b) Where an action referred to in paragraph (a) of this Article has been brought, arbitral proceedings
may nevertheless be commenced or continued, and an award may be made, while the issue is pending
before the court.
(c) Where the action is commenced by or against multiple parties, one or more of whom are parties to
an arbitration agreement, the court shall refer to arbitration those parties who are bound by the
arbitration agreement although the civil action may continue as to those who are not bound by such
arbitration agreement.
F. Points to consider in drafting arbitration clauses G. Pathological Causes H. IRR-RA 9285, Article 4.9 and 5.7 - Article 4.9. Arbitration Agreement and Interim Measures by
Court.
(a) It is not incompatible with an arbitration agreement for a party to request from a court, before the
constitution of the arbitral tribunal or during arbitral proceedings, an interim measure of protection and
for a court to grant such measure.
(b)To the extent that the arbitral tribunal has no power to act or is unable to act effectively, a request for
interim measures of protection, or modification thereof as provided for, and in the manner indicated in,
Article 4.17 (Power of Arbitral Tribunal to Order Interim Measures), may be made with the court. The
rules on interim or provisional relief provided for in paragraph
(c) of Article 4.17, of these Rules shall be observed. A party may bring a petition under this Article
before the court in accordance with the Rules of Court or tre Special ADR Rules.
Article 5.7. Arbitration Agreement and Substantive Claim Before Court.
(a) A party to an action may request the court before which it is pending to stay the action and to refer
the dispute to arbitration in accordance with their arbitration agreement not later than the pre-trial
conference. Thereafter, both parties may make a similar request with the court. The parties shall be
referred to arbitration unless the court finds that the arbitration agreement is null and void, inoperative
or incapable of being performed.
(b) Where an action referred to in paragraph (a) of this Article has been brought, arbitral proceedings
may nevertheless be commenced or continued, and an award may be made, while the issue is pending
before the court.
(c) Where the action is commenced by or against multiple parties, one or more of whom are parties to
an arbitration agreement, the court shall refer to arbitration those parties who are bound by the
arbitration agreement although the civil action may continue as to those who are not bound by such
arbitration agreement.