HAMILTON, MILLER & BIRTHISEL ATTORNEYS
OBTAIN DISMISSAL OF LAWSUIT IN FAVOR OF ARBITRATION

Suit was filed by a Ronald Alfred in the 11th Judicial Circuit Court in and for Miami-Dade County, Florida seeking damages for (1) Jones Act Negligence (2) Unseaworthiness (3) Failure to Provide Maintenance and Cure and (4) Wages & Penalties arising out of an alleged knee injury Alfred allegedly sustained while working as a seaman. After sixteen (16) months of litigation in state court, RCL removed the matter to Federal Court pursuant to 9 U.S.C. s. 205 and compelled arbitration pursuant to the Employment Agreement signed by Mr. Alfred which incorporated a Collective Bargaining Agreement between RCL and the Union which required arbitration. Alfred moved to remand the case to state court arguing that (1) RCL waived its right to arbitrate claims by participating in state court litigation and (2) that the CBA was unenforceable because it was unsigned. Southern District of Florida Judge Ursula Ungaro rejected the Plaintiff's arguments and entered an order dismissing Plaintiff's Complaint, denying Plaintiff's Motion for Remand and compelling Arbitration in the Bahamas.

This ruling is significant for several reasons. First, this case is one of first impression for the Southern District of Florida concerning the affirmative defense of waiver, due to pending litigation, under the United Nations Convention on Recognition and Enforcement of Foreign Arbitral Awards. The Court's ruling essentially establishes that a shipowner may remove its crewmember cases and compel arbitration at any time before trial, no matter what phase of litigation, provided that there is a signed employment contract, which incorporates by reference a

CBA with a mandatory arbitration provision.

Second, the Judge's ruling highlights that a signed CBA is not a prerequisite for enforcing an arbitration provision. Instead, the Judge emphasizes that provided that Plaintiff's Sign-On Employment Agreement is signed by both parties and incorporates by reference a CBA with a mandatory arbitration provision, this is sufficient to constitute an "agreement in writing" necessary to enforce the arbitration provision, under the Convention.

The Plaintiff was reprsented by Charles Lipcon, Esq. of Lipcon, Margulies & Alsina. RCL was represented by Jennifer Quildon Miller, Esq. of Hamilton, Miller & Birthisel, LLP.