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UNITED STATES 8 November 2022 Gonzales Llagas
United States District Court, Western District of Louisiana, Lake Charles Division, 8 November 2022, CASE NO. 2:17-CV-00472
(Daniel Gonzales Llagas v. Sealift Holdings Inc et al)
UNITED STATES 8 November 2022 Gonzales Llagas
The District Court granted the motion to recognize and enforce a Philippine award deciding a seaman’s dispute, dismissing the contention of the seaman, Gonzales Llagas, that enforcement would violate US public policy because the award operated as a complete prospective waiver of his statutory rights under US law. The Court held that the seaman failed to meet his burden to prove one of the grounds for refusal listed in the New York Convention. The seaman’s contract had been concluded through the Philippine Overseas Employment Administration (POEA), an arm of the Philippine government, as required for all Filipino workers employed by foreign employers. Under the POEA, the Court held, Gonzales Llagas contractually agreed to resolve all disputes, including US statutory claims, in arbitration in the Philippines.
Public policy: The court discusses the effect of other alleged violations of public policy on the recognition and enforcement of an arbitral award, such as contradictory reasons, manifest disregard of the law (US), etc.