Rain CII Carbon, L.L.C. v. ConocoPhillips Co., No. 11-30669 (5th Cir. 2012)
Annotate this CaseConoco appealed the district court's judgment confirming an arbitration award favorable to Rain. Conoco and Rain were parties to a long-term supply agreement, whereby Conoco agreed to sell all green anode coke produced at one of its refineries during a certain time period. The court held that, given the considerable deference afforded arbitration awards, Conoco's argument that the arbitrator exceeded his powers by failing to select only one proposal, which relied on paragraphs stricken from the final award in accordance with the Commercial Rules, must fail. The court also held that vacatur was no appropriate and the award must be enforced where the arbitrator laid out the facts, described the contentions of the parties, and decided which of the two proposals should prevail.
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