NATIONAL BROADCASTING CO. v. BEAR STEARNS & CO.

No. 98-7468.

165 F.3d 184 (1999)

NATIONAL BROADCASTING COMPANY, INC. and NBC Europe, Inc., Appellants, v. BEAR STEARNS & CO., INC.; Merrill Lynch & Company; Salomon Brothers, Inc.; SBC Warburg, Inc.; Violy Byorum & Partners; and TV Azteca S.A. de C.V., Appellees.

United States Court of Appeals, Second Circuit.

Decided January 26, 1999.


Attorney(s) appearing for the Case

Frank H. Wohl, Lankler Siffert & Wohl, New York, NY (Harold E. Schimkat, Lankler Siffert & Wohl, Susan E. Weiner, National Broadcasting Company, Inc., New York, NY, of counsel), for Appellants.

Alan H. Kaufman, Jones, Day, Reavis & Pogue, New York, NY and William C. Fredericks, Milberg Weiss Bershad Hynes & Lerach LLP, New York, NY (E. Michael Bradley and Mark S. Mandel, Jones, Day, Reavis & Pogue, Yocheved Cohen and David Gruenstein, Wachtell, Lipton, Rosen & Katz, New York, NY, Keith M. Fleischman, Milberg Weiss Bershad Hynes & Lerach LLP, of counsel), for Appellees.

Before: MINER and CABRANES, Circuit Judges, and CHATIGNY, District Judge.


JOSÉ A. CABRANES, Circuit Judge:

The question presented is whether a commercial arbitration conducted in Mexico under the auspices of the International Chamber of Commerce, a private organization headquartered in France, is a "proceeding in a foreign or international tribunal" as those words are used in 28 U.S.C. § 1782.1 We hold that it is not.

National Broadcasting Company, Inc. and NBC Europe, Inc. (jointly, "NBC"...

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