US 1013

United States District Court, Southern District of Florida, 23 October 2020, Case No. 20-cv-23715-BLOOM/Louis
(Fnu Isanto, as Personal Representative of the Estate of Fnu Pujiyoko, deceased v. Royal Caribbean Cruises, Ltd.)

23 - 10 - 2020

US 1013

Yearbook Yearbook Commercial Arbitration, S. W. Schill (ed.), Vol. XLVI (2021)
Jurisdiction United States
Original full text Full text decision US 1013
Summary

The plaintiff initiated state court proceedings against the defendant, claiming damages in relation of the death of his son, a seaman who had worked aboard one of the defendant's vessels. The plaintiff argued that after the passengers were disembarked in light of the COVID-19 pandemic, crewmembers were permitted to move about the vessel without limitations or restrictions for two weeks. Crewmembers allegedly were "encouraged to attend parties, shows, events and activities that took place aboard the ship which required crewmembers to be in close proximity, crowded spaces and stand in long lines". The plaintiff's son contracted the virus and died. The defendant moved to compel arbitration of the claims under the New York Convention, pursuant to the arbitration clause in the seaman's contract of employment. The Court granted the motion, finding that all four jurisdictional requirements for compelling arbitration under the Convention were satisfied -- there was an agreement in writing within the meaning of the Convention, which provided for arbitration in the territory of a Convention signatory and arose out of a legal relationship, whether contractual or not, which was considered commercial; and a party to the agreement was not an American citizen, or the commercial relationship had some reasonable relation with one or more foreign states – and that none of the Convention's affirmative defenses applied.

Related topics
217

The court discusses the meaning and effect of the referral of the resolution of disputes to arbitration, including: who can ask for referral and when, whether a party has waived its right to request arbitration, the defense that there was no contract at all; whether there was a condition precedent to the commencement of arbitration (e.g. mediation), stay of proceedings v. compelling arbitration, and national procedural specificities such as remand and removal (US), effect of class action. etc.

Referral to arbitration in general
220

The court discusses how to interpret the Convention’s requirement that the agreement is not null and void etc., as well as specific cases of invalidity: e.g., lack of consent (misrepresentation, duress, or fraud), vague wording of the arbitral clause; other terms of the contract contradict the intention to arbitrate, etc.

"Null and void", etc.
US 1013