Distinction between the IMP of the TRIBUNAL and the COURTTRIBUNAL

Under IRR, 4. 17COURT

Special ADR, Rule 5Who request A party to the arbitration A party to the arbitrationWhen to request/petition

1. AFTER the constitution of the tribunal; and

2. DURING arbitral proceedings

1. BEFORE arbitration is commenced2. AFTER the arbitration is commenced BUT BEFORE the

constitution of the arbitral Tribunal3. 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; orb. Unable to act effectively

Where to file RTC, which has jurisdiction over any of the ff places:1. Where the principal place of business of any of the 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)

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

Note: The same with.

Contents of the petition

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. That the fact that there is an arbitration agreement2. The fact that the arbitration tribunal has

a. Not been constituted; orb. If constituted, is unable to act or would be unable to

act effectively3. A detailed description of the appropriate relief sought4. 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.

Types of IMP that a _ may grant

1. Preliminary injunction directed against the a party

2. Appointment of receivers

3. Detention4. Preservation5. Inspection of property

that is subject of the dispute in arbitration

1. Preliminary injunction directed against the a party2. Preliminary attachment against property or garnishment

of funds in the custody of a bank or a 3rd person3. Appointment of a receiver4. Detention, preservation, delivery or inspection of

property; or5. Assistance in the enforcement of an interim measure of

protection granted by the arbitral tribunal, which the latter cannot enforce effectively

Failure of the party to comply with the order shall

Be liable for all damages, resulting from non-compliance, including all expenses, and reasonable attorney’s fees, paid in obtaining the order’s judicial enforcement

APPENDIX A

INTERIM MEASURE OF PROTECTION (IMP)