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KYOCERA CORP. v. PRUDENTIAL-BACHE TRADE

Nos. 01-15630, 01-15653, 01-16182, 01-16392, 01-16394 and 01-16528.

299 F.3d 769 (2002)

KYOCERA CORPORATION, Plaintiff-Counter-Defendant-Appellant, v. PRUDENTIAL-BACHE TRADE SERVICES, INC., formerly Prudential-Bache Trade Corporation, Prudential Capital & Investment Services, Inc., LaPine Technology Corporation, and LaPine Holding Company, Inc., Defendants-Counter-Claimants-Appellees. LaPine Technology Corporation, Plaintiff-Appellee, v. Kyocera Corporation, Defendant-Appellant. LaPine Technology Corporation, Plaintiff-Counter-Claim-Defendant-Appellee, v. Kyocera Corporation, Defendant-Counter-Claimant-Plaintiff-Appellant, v. Prudential-Bache Trade Services, Inc., fba Prudential-Bache Trade Corporation; Prudential Capital & Investment Services, Inc., Defendants-Counter-Claimants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed July 23, 2002.

Attorney(s) appearing for the Case

James J. Brosnahan, James F. McCabe, Angela L. Padilla, and Shirley M. Hufstedler, Morrison & Foerster, LLP, for the appellant.

Charles S. Treat, Timothy P. Crudo, and Paul H. Dawes, Latham & Watkins, for the appellees.

Before: HAWKINS and SILVERMAN, Circuit Judges, and RESTANI, Judge.

RESTANI, Judge.

Kyocera Corp. ("Kyocera"), a Japanese corporation, appeals from the March 6, 2001 Order of the United States District Court for the Northern District of California confirming an award by an Arbitration Tribunal of the International Chamber of Commerce (the "Tribunal") in favor of Prudential Bache Trade Corp. ("Prudential Trade"), LaPine Technology Corp. ("LaPine") and LaPine Holding Company on their claims that Kyocera had breached a contract to manufacture...

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