The document discusses interim measures that can be applied for from courts to address urgent situations that arise during arbitration proceedings. It notes that interim measures are usually applied for from the arbitral tribunal, but there are instances where the tribunal cannot grant them, such as before it is constituted. In these cases, a party can apply to a court for interim measures. The document contrasts interim measures from provisional remedies under court rules, noting that interim measures can stand on their own despite the principal arbitration being pending, while provisional remedies require a linked principal case.
The document discusses interim measures that can be applied for from courts to address urgent situations that arise during arbitration proceedings. It notes that interim measures are usually applied for from the arbitral tribunal, but there are instances where the tribunal cannot grant them, such as before it is constituted. In these cases, a party can apply to a court for interim measures. The document contrasts interim measures from provisional remedies under court rules, noting that interim measures can stand on their own despite the principal arbitration being pending, while provisional remedies require a linked principal case.
The document discusses interim measures that can be applied for from courts to address urgent situations that arise during arbitration proceedings. It notes that interim measures are usually applied for from the arbitral tribunal, but there are instances where the tribunal cannot grant them, such as before it is constituted. In these cases, a party can apply to a court for interim measures. The document contrasts interim measures from provisional remedies under court rules, noting that interim measures can stand on their own despite the principal arbitration being pending, while provisional remedies require a linked principal case.
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"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
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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.'
Strategic Alliance Development Corporation, Petitioner, vs. Radstock Securities Limited and Philippine National Construction Corporation, Respondents. Asiavest Merchant Bankers Berhad, Intervenor.