Torch & E&P Co, et al v. J M Huber Corp

* Pursuant to 5TH CIR. R. 47.5, the court has determined that
this opinion should not be published and is not precedent except
under the limited circumstances set forth in 5TH CIR. R. 47.5.4.
United States Court of Appeals
Fifth Circuit
F I L E D
July 6, 2007
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 07-20032
Summary Calendar
TORCH & E&P COMPANY; VELASCO GAS COMPANY, LTD.,
Plaintiffs-Appellants,
versus
J.M. HUBER CORP.,
Defendant-Appellee.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. 4:06-CV-1786
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Before KING, HIGGINBOTHAM, and GARZA, Circuit Judges.
PER CURIAM:*
For the reasons stated by the district court, we AFFIRM.
Torch got what it bargained for - the arbitrator’s proper exercise
of the power to apply law to fact. Torch suggests that the
arbitration clause in its contract, requiring arbitration of
“any...dispute...of any kind...in any way arising out of” the
contract, somehow grants narrower powers to the arbitrator than a
clause granting an arbitrator the power to determine “the meaning
and application” of the contract. If anything, the grant of power
in Torch’s contract is broader. In any event, either grant of

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No. 07-20032
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power includes the power to interpret the contract, and the
arbitrator here did not go outside of interpreting the contract.
AFFIRMED.

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