Decision on Foreign
Seamen Injured in U.S. Waters
1/21/05 8:35:27 AM
The U.S. Court of Appeals for the Eleventh Circuit ruled that foreign seamen
and their representatives must arbitrate their claims in a foreign country in
accordance with their employment agreements, despite the fact that the deaths
and injuries were incurred while the ship was in a U.S. port. In the instant
case, plaintiffs or their decedents were crewmembers on the cruise ship NORWAY. One of
the ship’s boilers exploded, killing six and injuring four crewmembers.
All crewmembers had signed employment agreements providing that claims for
death or personal injury would be arbitrated in the Philippines, where the crewmembers
had entered into the agreements. The court held that the arbitration provisions
in the employment agreements were enforceable under the United Nations
Convention on the Recognition and Enforcement of Foreign Arbitral Awards and
its U.S.
implementing legislation. Bautista v. Star Cruises, No. 03-15884 (11th Cir.,
January 18, 2005).
JALESVEVA YAYAMAHE
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