UNITED STATES 10 November 2020 Sisca

United States District Court, Southern District of Florida, 10 November 2020, Case No. 20-cv-22911-BLOOM/Louis

(Antonio Sisca v. HAL Maritime, Ltd. et al.)

10 - 11 - 2020

UNITED STATES 10 November 2020 Sisca

Jurisdiction United States
Summary

The Court compelled arbitration of Sisca's claims against HAL, finding that the four jurisdictional requirements for compelling arbitration under the New York Convention were met: 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. The only disputed requirement here was that the personal injury claims arose one day after Sisca's employment agreement expired by its own terms. The Court explained that an employment agreement's termination does not automatically mean that the arbitration agreement is inapplicable. It referred to its own precedents and the precedents of other courts determining that disputes under broadly worded arbitration clauses such as the one in the parties' agreement were subject to arbitration even though the plaintiffs, as Sisca did here, argued that the employment agreement had terminated and thus the arbitration clauses did not apply. The Court then found that no affirmative defenses were proved, and compelled arbitration.

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
UNITED STATES 10 November 2020 Sisca