Philippine Seaman Required To Arbitrate Claim Of Rape In Suit Against Cruise Line
JANE DOE, Plaintiff, vs. ROYAL CARIBBEAN CRUISES, LTD.,Defendant.
CASE NO. 04-21627-CIV-HOEVELER
UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OFFLORIDA
2005 U.S. Dist. LEXIS 6582
March 18, 2005, Decided
March 18, 2005, Filed
PROCEDURAL POSTURE: Defendant employer moved to compel arbitration in plaintiff employee's action, which resulted from a rape experienced while she was working on one of the employer's vessels. The employee moved for remand.
OVERVIEW: The employee brought an action against the employer, a cruise ship line, relating to her employment on one of the employer's vessels. The employee's claims arose from a rape experienced while she was working on one of the employer's vessels and from the employer's subsequent actions toward her. The employer removed the action to federal court pursuant to the United States Convention on the Recognition and Enforcement of Foreign Arbitral Awards (Convention), 9 U.S.C.S. ยง 201 et seq., and asked the court to compel arbitration. The employee filed a motion for remand. The court found that the employee was employed pursuant to an agreement that required that her dispute be brought either before the National Labor Relations Commission of the Philippines, or an arbitrator. While it was plausible that economic hardship might make a prospective Filipino seaman susceptible to a hard bargain during the hiring process, the employee failed to explain how that made for a defense under the Convention. Thus, the court sent the employee's claims to arbitration.
OUTCOME: The court denied the employee's motion for remand. The court granted the employer's motion to compel arbitration.
