FEDERALCourt of Appeals for the Fifth Circuit
2012

Petrofac, Inc. v. DynMcDermott Petroleum Operations Co.

687 F.3d 671Court of Appeals for the Fifth Circuit • Decided 2012Enforced
FLAGSHIPDispute ResolutionCited 182 times

HOLDING

Petrofac, a subcontractor, submitted a Request for Equitable Adjustment (REA) to DynMcDermott for delays and disruption costs on a petroleum reserve project. The parties had agreed to binding arbitration for all contract disputes. An arbitration panel awarded damages to Petrofac, and the court upheld the award. The Fifth Circuit confirmed that broad arbitration clauses covering "all contract disputes" will be enforced, even when they include complex damages calculations.

KEY FINDINGS

Dispute Resolution

Broad arbitration clauses that say "all disputes" or "any claim" will be enforced by courts—don't expect a judge to narrow them later

FULL COURT OPINION