Judge Andrew Carter
In arbitration in 2009 Integrity sought contract breach damages for A&G Coal’s failure to deliver coal under their 2007 and 2008 contracts. The arbitrator’s July 2012 award found A&G breached both contracts. Integrity was awarded more than $21 million in damages based on the market price-contract price differential. Denying A&G’s petition to vacate or modify the award, district court granted Integrity confirmation. The arbitrator’s authority included the power to determine the two issues that A&G argued he got wrong. Thus, vacatur under §10(a)(4) of the Federal Arbitration Act was unavailable to A&G. District court also rejected A&G’s assertion that the arbitrator manifestly disregarded governing law and the terms of the parties’ agreement by improperly crediting an oral agreementpurportedly extending performance of the 2007 contract until March 31, 2008rather than written contract terms, as required by Paragraph XIV of the Contracts’ General Terms and Conditions, which requires modifications to the subject contracts to be in writing. Further, evidence that Integrity continued to request coal for many months after A&G stopped making deliveries was highly probative of Integrity’s willingness and ability to perform.
