PHILIPPINES Law and Practice Contributed by: Ricardo Ma P G Ongkiko, John Christian Joy A Regalado and Ma Patricia B Paz-Jacoba, SyCip Salazar Hernandez & Gatmaitan
tribunal. The party seeking such interim relief may also apply to Philippine courts for assistance with imple - menting or enforcing an interim measure ordered by an arbitral tribunal. 6.2 Role of Courts Philippine courts can either be the grantor or facilitator of interim relief. Grantor of Relief Philippine courts may grant an application for interim relief before the constitution of an arbitral tribunal, whether before or after the commencement of arbi - tration proceedings. After constitution of an arbitral tribunal and during arbitral proceedings, courts may grant a request for interim relief only if the arbitral tribunal has no power to act or is unable to act effectively. The arbitral tribu - nal is deemed constituted when the sole arbitrator or the chair of the tribunal has accepted the nomination, and the parties are notified. Similar to an arbitral tribunal, courts may grant interim relief to: • prevent irreparable loss or injury; • provide security for the performance of any obliga - tion; • produce or preserve any evidence; or • compel any other appropriate act or omission. Facilitator in the Implementation or Enforcement of Relief Philippine laws allow a party seeking interim relief to apply to the courts for assistance with implementing or enforcing an interim measure ordered by an arbitral tribunal. Although Philippine laws do not specifically allow Philippine courts to grant interim relief in aid of for - eign-seated arbitrations, neither do they specifically prohibit such a grant. Thus, Philippine courts may arguably grant interim relief in aid of foreign-seated arbitrations in the same way Philippine courts grant interim relief for Philippine-seated arbitrations, provid - ed that other requirements for jurisdiction and venue are complied with.
Under the Special ADR Rules, the venue for a petition for an interim measure of protection is the regional trial court that has jurisdiction over: • the principal place of business of any of the par - ties; • the residence of any of the parties; • the place where the acts sought to be enjoined are being performed, or are threatened to be per - formed or not performed; or • the place where the real property subject to arbitra - tion (or a portion thereof) is situated. Philippine laws do not provide for the appointment of emergency arbitrators. The ADR Act was enacted by the Philippine legislature in 2004, and the Special ADR Rules were issued by the Supreme Court in 2009 – both before the appointment of emergency arbitra - tors was practised. Nevertheless, the rules of Philip - pine arbitral institutions such as the Philippine Dispute Resolution Center and the PICCR now provide for the appointment of such institutions as emergency arbi - trators. It is therefore not clear whether Philippine courts may still entertain applications for interim measures of protection when an emergency arbitrator has been appointed, considering that the arbitral tribunal, strict - ly speaking, has not been constituted at that point in time. It is also not clear whether Philippine courts can assist in implementing or enforcing an interim meas - ure that has been ordered by an emergency arbitrator, given that the latter is separate and distinct from the arbitral tribunal. Having said that, Philippine courts may consider the issuance of an interim measure of protection by an emergency arbitrator at their discre - tion if it supports their own case for issuing interim relief. 6.3 Security for Costs Philippine laws do not expressly permit the grant of security for costs, which would serve as an interim measure of protection to secure a future award for the legal or other costs of any party (usually the respond - ent) by way of a deposit or bank guarantee.
612 CHAMBERS.COM
Powered by FlippingBook