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LAIF X SPRL v. AXTEL, S.A. DE C.V.

No. 04-1509-CV.

390 F.3d 194 (2004)

LAIF X SPRL, Petitioner-Appellant, v. AXTEL, S.A. DE C.V., Blackstone Capital Partners III Merchant Banking, Blackstone Offshore Capital Partners III, L.P. and Blackstone Family Investment Partnership III, L., Respondents, Telinor Telefonia, S. De R.L. De C.V., Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided: November 23, 2004.

Attorney(s) appearing for the Case

Melissa K. Marler, Cleary, Gottlieb, Steen & Hamilton, New York, N.Y. (Robert T. Greig, Cleary, Gottlieb, Steen & Hamilton, New York, NY, on the brief) for Petitioner-Appellant.

Michael S. Kim, Kobre & Kim LLP, New York, N.Y. for Respondent-Appellee.

Before: VAN GRAAFEILAND, JACOBS and POOLER, Circuit Judges.

JACOBS, Circuit Judge.

Under the bylaws of Axtel S.A. de C.V. ("Axtel"), a Mexican corporation, disputes between and among the company and its shareholders are subject to arbitration. Disputes have arisen between LAIF X SPRL ("LAIF X") and Telinor Telefonia ("Telinor"). LAIF X contends that Telinor violated the Axtel bylaws by entering into a subscription agreement that illegally diluted LAIF X's ownership interest in Axtel. Although the parties are currently arbitrating...

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