Kyocera Corp. v. Prudential-Bache Trade Services, Inc.

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. (“La-Pine”) and LaPine Holding Company on their claims that Kyocera had breached a contract to manufacture and deliver certain computer disk drives. In 1997, we reversed the district court’s first order confirming the award reviewed under the Federal Arbitration Act, and remanded for a review in accordance with the higher scrutiny agreed upon by the parties. See LaPine Tech. Corp. v. Kyocera Corp., 130 F.3d 884 (9th Cir.1997) [“LaPine I”]. On remand, the district court confirmed the Tribunal’s conclusion that (1) Kyocera’s constructive notice of a proposed change regarding direct sales and Kyocera’s transmission of a signature constituted an acceptance of the agreements reorganizing LaPine; (2) Kyocera’s performance under the agreements was not excused; and (3) Kyocera’s breaches caused LaPine’s financial collapse. The district…