Vous êtes sur la page 1sur 1

Al I I l i N 1 1 \ T 1 1 1 W 1 , 1 1 , E S 0 1 I T IN

arbitIN

P ointment of receivers. detention of pro{n i , rt , y i.sptz t se:: , v , ation of i)rtlls

applied with and secured from th


"Ys inspection Of property subject of t
As a rule, interim measures are
arbitral However, there tire instanc h es when the arbitral
tribunal cannot grant the interim measure suc h.t as when the
tribunal is not vet constituted, or when the arbitral tribunal alrem
constituted has no power to act or is unable to act effectively. In them:
instances, a party may apply for interim measures with a court wh ich
mav grant them. The petition for this purpose shall be governed

the. Special ADR by


A provisional remedy under the Rules of. Co. urt cannot exist With
I out a principal cause of action. Thus, preliminary attachment, p i.;
liminary injunction or a temporary restraining . order, receivershiP
replevin, and support pendente lite, cannot exist independently - 4
their principal actions which could be an action for a sum of m oney i
rl
the case of preliminary attachment, permanent injunction in the c ase of
preliminary injunction, corporate rehabilitation in the case of re ceivership,
ceivership, foreclosure of chattel mortgage in the case of replevin, and support in
the case of support pendente lite.
However, this principle is not true for interim measures under the
ADR Act and its IRR. In the case of interim measures, a court cannot
refuse to grant, implement or enforce a petition for an interim meas ure
on the sole ground that the petition is merely an ancillary relief and
the principal action is pending with the arbitral tribunal. While interim
measures are categorized in the ADR Act and IRR as ancil lary
remedies, they are different from provisional remedies under the Rules
of Court in that the application for interim measures filed be fore the
regular courts can stand by themselves despite the pendency of the
arbitration of the principal action before the arbitral tribunal.'

" Article 4.17, IRR; Sections 28 and 29, ADR Act.


'Article 4.9, IRR.
50Article 4.6(c), IRR.

Scanned by CamScanner