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
award preliminary or interim relief, which it may con - sider necessary to the subject matter of the dispute, unless otherwise agreed upon by the parties to an arbitration agreement. Such relief is binding in nature and may be granted 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. Such interim relief and interim measures of protection include: • a preliminary injunction directed against a party; • the appointment of receivers; and • the detention, preservation or inspection of prop - erty that is the subject of the dispute in arbitration. To the extent that the arbitral tribunal has no power to act or is unable to act effectively on the request for interim relief, the request may be made with the Phil - ippine courts even after the constitution of the arbi - tral tribunal. The party seeking such interim relief may also apply to the Philippine courts for assistance with implementing 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 arbitration proceedings, courts may grant a request for interim relief only if the arbitral tribunal has no pow - er to act or is unable to act effectively. The arbitral tri - bunal is deemed constituted when the sole arbitrator or the chair of the tribunal has accepted the nomina - tion, and the parties are notified.
As with 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. A party to an arbitration seated outside the Philippines may seek interim relief from a Philippine court. Article 9 of the UNCITRAL Model Law applies irrespective of whether the place of arbitration is in the Philippines and permits a party to request an interim measure of protection from a court before or during arbitration proceedings, subject to the Philippine court’s jurisdic - tion and the venue requirements under the Special ADR Rules. 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 expressly 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, before emergency-arbitrator proce - dures became common. Nevertheless, the rules of Philippine arbitration institutions such as the PDRCI and the PICCR now provide for the appointment of emergency arbitrators.
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