Apusento Garden (Guam) Inc. v. Superior Court of Guam

In resolving this appeal from an arbitration award, we must examine the mandamus jurisdiction of the federal district court over the Superior Court of the Territory of Guam.

I

Apusento Garden (Guam) Inc. (“Apusento Garden”) appeals the denial of its petition for a writ of mandamus by the Appellate Division of the United States District Court for the District of Guam (the “appellate division”). Apusento Garden petitioned the district court for a writ of mandamus to vacate an order of the Guam Superior Court, which in turn had vacated an approximately $5.7 million arbitration award in Apusento Garden’s favor.

In 1988, Apusento Garden and Inland Builders Corporation (“IBC”) entered into a' contract for the construction of an apartment complex in Guam. The contract provided for arbitration of all disputes in accordance with the rules promulgated by the American Arbitration Association. In 1990, IBC filed a complaint against Apusento Garden. Apu-sento Garden responded by demanding arbitration under the terms of the contract.

After twenty-eight witnesses and forty-seven days of testimony, the arbitrator awarded Apusento Garden approximately $5.7 million. Apusento Garden subsequently…