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- The arbitral tribunal is authorized under this section of the Alternative Dispute Resolution Act to exercise any of the

powers mentioned therein, unless the parties have agreed that arbitral tribunal may not do so. These additional powers of the arbitral tribunal include, but not limited to preliminary injunction, directed against a party, appointment of receivers, or detention or preservation, inspection of the property that is subject of the dispute in arbitration.

The interim measures of protection that an arbitral arbitration may take be classified into three stages: Those which are aimed at facilitating the conduct of the arbitral proceedings. Those which are aimed at avoiding loss damages and measures aimed at preserving the status quo. Those which are aimed at facilitating the enforcement of the award.




The jurisdiction of the court will be invoked when application with it is made by a party to implement an interim order issued by an arbitral tribunal.

The court may either affirm or vacate the order or remand the issue to the arbitral tribunal for further proceedings.

- The issue of whether the court may modify the interim order of the arbitral tribunal raises a great deal of concern because it would involve the court in making an assessment of the merits of the order. This implies not only a repetition of the decision making process of the arbitral tribunal, but also that the court may be substituting its judgment for that of the arbitral tribunal.

The parties are free to agree on the place of arbitration. Failing such agreement, the place of arbitration shall be in Metro Manila, unless the arbitral tribunal, having regard to the circumstances of the case, including the convenience of the parties shall decide on a different place of arbitration. The arbitral tribunal may, unless otherwise agreed by the parties, meet at any place it considers appropriate for consultation among its members, for hearing witnesses, experts, or the parties, or for inspection of goods, other property or documents.

The parties are free to agree on the language or languages to be used in the arbitral proceedings. Failing such agreement, the language to be used shall be English in international arbitration, and English or Filipino for domestic arbitration, unless the arbitral tribunal shall determine a different or another language or languages to be used in the proceedings. This agreement or determination, unless otherwise specified therein, shall apply to any written statement by a party, any hearing and any award, decision or other communication by the arbitral tribunal.


arbitral tribunal may order that any documentary evidence shall be accompanied by a translation into the language or languages agreed upon by the parties or determined in accordance with paragraph 1 of this section.