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CHINA NAT. METAL v. APEX DIGITAL, INC.

No. 03-55231.

379 F.3d 796 (2004)

CHINA NATIONAL METAL PRODUCTS IMPORT/EXPORT COMPANY, Petitioner-Appellee, v. APEX DIGITAL, INC., Respondent-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed August 16, 2004.

Attorney(s) appearing for the Case

Kenneth R. O'Rourke and Kevin M. Yopp, O'Melveny & Myers, L.L.P., Los Angeles, CA, for the respondent-appellant.

Jeffrey S. Gordon, Gina Guerra and J. Raymond Warner, Kaye Scholer, L.L.P., Los Angeles, CA, for the petitioner-appellee.

Before: HARRY PREGERSON, M. MARGARET McKEOWN, and JAY S. BYBEE, Circuit Judges.

BYBEE, Circuit Judge:

Apex Digital, Inc. ("Apex") appeals an order confirming an arbitral award obtained against it following an arbitration proceeding in Beijing. It claims that the parties' arbitration clause required China National Metal Products Import/Export Company ("China National") to bring any claim against Apex as a counterclaim in an arbitral proceeding previously initiated by Apex in Shanghai.

Apex argues that the arbitrating body, the China International...

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