1.

If a party in arbitration is in need of interim relief, is that party at

liberty to choose between the arbitral tribunal and the court to obtain
the interim relief? – Yes, the party may, at its liberty. As provided by Sec.
14 of R.A. No. 876, “The arbitrator or arbitrators shall have the power at any
time, before rendering the award, without prejudice to the rights of any party
to petition the court to take measures to safeguard and/or conserve any
matter which is the subject of the dispute in arbitration.” Hence, a party may
choose between the arbitral tribunal and the court to obtain interim relief.

Del Monte Corp. – USA vs. CA

Facts: Del Monte-USA and Montebueno Marketing (MMI) entered into a

Distributorship Agreement, which includes an arbitration clause, whereby the
latter was the sole and exclusive distributor of Del Monte products in the
Philippines.

MMI filed a complaint against Del Monte before the RTC on alleged
violations of Arts. 20, 21 and 23 of the Civil Code. It claimed that they had
exhausted all possible avenues for an amicable resolution and settlement of
their grievances.

Del Monte filed a Motion to Suspend Proceedings invoking the arbitration

clause in their Agreement with private respondents. The RTC denied this
Motion. Court of Appeals affirmed the Trial Court’s decision.

Issue: w/n the dispute between the parties warrants an order compelling
them to submit to arbitration

Ruling: The arbitration clause in the Distributorship Agreement between Del

Monte and MMI is valid and the dispute between the parties is arbitrable.
However, the SC denied this Petition for Review.

Splitting of the proceedings to arbitration as to some of the parties on

one hand and trial for the others on the other hand, or the suspension of trial
pending arbitration between some of the parties, should not be allowed as it
would result in multiplicity of suits, duplicitous procedure and unnecessary
delay. The object of arbitration is to allow the expeditious determination of a
dispute. Clearly, the issue before the SC could not be speedily and efficiently
resolved in its entirety if we allow simultaneous arbitration proceedings and
trial, or suspension of trial pending arbitration. Accordingly, the interest of
justice would only be served if the trial court hears and adjudicates the case
in a single and complete proceeding.