November 11, 2015 Articles

A "Reasoned Award" Requires That the Reasoning Be Expressed

By Sara Kula

In 2009, Tully Construction Co. filed a demand for arbitration against Canam Steel Corp., concerning a dispute over a contract to supply steel. Tully sought over $20 million in damages for breach of contract and intentional and negligent misrepresentation. Canam counterclaimed for approximately $5 million. Tully Constr. Co. v. Canam Steel Corp., No. 13 Civ. 3037, 2015 U.S. Dist. LEXIS 25690 (S.D.N.Y. Mar. 2, 2015).

After a full hearing, the selected arbitrator, John Krol, issued an award granting Tully almost $7 million in damages on its claim, and granting Canam over $350,000 on its counterclaim. The arbitrator listed out categories of alleged damages and the amount awarded for each.

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