Skip to main content

Tri-Mark Foods, Inc vs. Gintong Pansit, ATBP, Inc. et. al., G.R. No. 215664, 14 September 2021 (Philippines)

A final award was issued by the sole arbitrator in favor of the Petitioner. Respondent filed a petition to vacate the arbitral award premised on its allegation that the sole arbitrator exhibited evident partiality by disregarding testimonial and documentary evidence presented by the Respondent. The Supreme Court held that evident partiality of an arbitrator cannot be deduced from the latter's interpretation of facts and law, and the Respondent failed to identify any act or conduct that is indicative of partiality. Further, the grounds to vacate do not involve the correctness of the award, and thus, are not sanctioned under by the Special Arbitration Dispute Resolution rules, the Arbitration Law, the Alternative Dispute Resolution Act and the Model Law on arbitration.