Fifth Circuit - Arbitration Panel May Determine Scope of Arbitration Clause

 Petrofac, Inc. (“Petrofac”) filed a lawsuit against DynMcDermott Petroleum Operations Company (“DM”). DM had agreed to design and build a mobile degasification facility for the removal of accumulated gas from crude oil stored at petroleum reserves sites. The parties’ contract contained an arbitration clause, governed by rules promulgated by the American Arbitration Association.

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When a Losing Defendant Attempts to Place Assets Beyond the Reach of a Prevailing Plaintiff

     Under Texas law is there a remedy available to a prevailing plaintiff (“judgment creditor”) who, when seeking to collect on her judgment, finds that the losing defendant (“judgment debtor”) has attempted to transfer assets beyond her reach?

     Shore Answer:  Yes.  Look to the Uniform Fraudulent Transfer Act (the “Act”).

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