1. Key takeaways
The application for a default decision merely
supplements, but does not replace, the main application for a PI
and other provisional measures
Under R. 209.1(a) RoP, the Court notifies the defendant of an
application for provisional measures and invite objections. If the
defendant does not respond or declines to substantiate objections,
the Court may decide the matter based solely on the applicant's
submissions by issuing a regular PI order.
A decision by default under R. 355.1(a) RoP is not applicable in
this context, since (i) the Rules on provisional measures (R. 205
et seq. RoP) do not provide for it, and (ii) only a regular PI
order reflects the balance of interests: the defendant chooses
whether to object, and declining does not entitle them to the
procedural benefits of a default decision (such as the possibility
of setting it aside).
