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UNITED STATES 14 June 2023 Cakarevic
United States District Court, Southern District of Florida, 14 June 2023, Civil Action No. 23-21536-Civ-Scola
(Miodrag Cakarevic, v. Royal Caribbean ... Read more
United States District Court, Southern District of Florida, 14 June 2023, Civil Action No. 23-21536-Civ-Scola
(Miodrag Cakarevic, v. Royal Caribbean Cruises, LTD.)
UNITED STATES 14 June 2023 Cakarevic
Cakarevic, a seaman, sued Royal Caribbean for damages after he contracted COVID-19 on board the Royal Caribbean vessel on which he worked. He claimed that Royal Caribbean created a dangerous situation for him (and other crewmembers) when, on 14 March 2020, it allowed passengers to board the vessel, despite the various international warnings about the dangers of the nascent pandemic. The Court referred the dispute to arbitration, rejecting the argument that Royal Caribbean was not entitled to enforce the arbitration provision in Cakarevic’s employment contract with an employment agency, because Royal Caribbean was not a party thereto. The Court held that Cakarevic’s work on the Royal Caribbean vessel was an “immediate, foreseeable result of his contractual duties” with the employment agency, and therefore fell within the scope of the arbitration clause in the employment contract.
Multi-party disputes: The court discusses under which conditions non-signatories are covered by an arbitration agreement entered into by another party.