“Avoiding Attack: The Arbitrator’s Guide to Drafting a Bulletproof Reasoned Award,” American College of Construction Lawyers Journal

I. IntroductionThree types of awards1 are frequently prepared in commercial and construction arbitration proceedings: standard awards, reasoned awards, and awards containing detailed findings of fact and conclusions of law.2 This article focuses on drafting reasoned awards which, due to governing standards frequently cause heartburn for arbitrators. Not only are arbitrators3 required to arrive at an equitable result, they must also draft a sufficiently detailed award that can withstand judicial scrutiny. Preparing a reasoned award can be a treacherous process especially after presiding over weeks of testimony, analyzing a mountain of exhibits and considering the legal arguments presented by the parties. Arbitrators must be familiar with the legal standards that determine when a reasoned award can be successfully challenged. This article addresses the steps that enable an arbitrator to prepare a “bulletproof” reasoned award....