Sumitomo Construction Co Ltd v Zhong Ye Inc [1997] GUSC 9; 1997 Guam 08 (11 July 1997)

IN THE SUPREME COURT OF GUAM
TERRITORY OF GUAM

SUMITOMO CONSTRUCTION CO., LTD.
Petitioner-Appellee,

vs.

ZHONG YE, INC.,
Respondent-Appellant.

Civil Case No. CVA96-014
Filed: July 11, 1997

Cite as: 1997 Guam 8

Appeal from the Superior Court of Guam
Argued and Submitted on January 29, 1997
Agana, Guam

Appearing for the Petitioner-Appellee:
Thomas C. Sterling, Esq.
Klemm, Blair, Sterling & Johnson
Suite 1008, Pacific News Building
238 Archbishop F.C. Flores Street
Agana, Guam 96910

Appearing for the Respondent-Appellant:
Daniel R. Del Priore, Esq.
Law Offices of Del Priore & Associates, P.C.
Suite 507, GCIC Building
414 West Soledad Avenue
Agana, Guam 96910

___________________

OPINION

BEFORE: PETER C. SIGUENZA, Chief Justice, JANET HEALY WEEKS, and MONESSA G. LUJAN[1], Associate Justices.

SIGUENZA, C.J.:

The appellant, Zhong Ye, appeals the Superior Court's decision confirming an arbitration award. Appellant supports its position by focusing upon various grounds for vacating arbitration awards. Appellee, Sumitomo Construction Co. Ltd., in opposition, asserts that the Guam statute addressing this issue precludes the grounds upon which appellant rests his appeal.

We believe that the wrong standards were used to confirm the award. We find, however, that under the appropriate standards, the arbitration award would still be confirmed. Accordingly, we affirm the Superior Court>s decision.

I. FACTUAL AND PROCEDURAL HISTORY

[1] Between 1991 and 1992, appellee Sumitomo Construction Company (ASumitomo@) was the general contractor on two construction projects, the Leo Palace Hotel (ALeo Palace@) and the Pia Marine Condominiums (APia Marine@). As to the Leo Palace, it is undisputed that Sumitomo entered into a subcontract with Nga Brothers Corporation (ANBC@