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Dispute Resolution Keyed to Carbonneau, 8th Ed.
Kyocera Corp. v. Prudential-Bache Trade Services
Citation:
341 F.3d 987 (2003)Facts
In 1984, Kyocera, Prudential-Bache, and LaPine formed a business venture to produce and market computer disk drives. LaPine licensed its design to Kyocera for manufacturing, while Prudential provided financing. By 1986, LaPine faced financial difficulties, and the parties attempted to restructure their relationship. A dispute arose over the terms of the restructured agreement, specifically whether Kyocera had agreed to sell drives directly to LaPine rather than through Prudential. When Kyocera refused to execute the amended agreement as presented by LaPine and Prudential, LaPine sued for breach of contract. The case went to arbitration pursuant to their agreement, which contained a provision allowing expanded judicial review of arbitration awards for errors of law and findings not supported by substantial evidence. The arbitrators ruled in favor of LaPine, awarding over $243 million in damages. Kyocera sought to vacate the award under both the FAA and the expanded review provisions in their contract. The case ultimately reached the Ninth Circuit en banc to determine whether such expanded review provisions were enforceable.
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