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

At a glance

Parties

Antonio Sisca (Italian seaman) v. HAL Maritime, Ltd. and Princess Cruise Lines, Ltd.

Case no.

No. 20-cv-22911-BLOOM/Louis

Court

U.S. District Court, Southern District of Florida (Judge Beth Bloom)

Forum and rules

Motion to compel arbitration under the New York Convention and Chapter 2 of the Federal Arbitration Act (9 U.S.C. §§ 201-208)

Treaty

Arbitration clause (Art. 18B) of the Seagoing Employment Agreement, May 2019 version; New York Convention 1958

Sector

Cruise shipping; seafarer personal injury

Outcome

Omnibus Order of 9 November 2020: arbitration in Italy compelled for the claims against HAL Maritime, the case stayed pending arbitration, and the claims against Princess Cruise Lines remanded to state court.

The dispute

Antonio Sisca, an Italian national, worked as a cast member on the M/V Vendaam under a Seagoing Employment Agreement with HAL Maritime, Ltd. His contract expired on 22 April 2020. On 23 April 2020 he was moved by lifeboat in rough seas to Princess Cruise Lines' Regal Princess for repatriation. He says he fell twice during the transfer and, because he was not treated properly on board, became paraplegic with cauda equina syndrome. He sued in Miami-Dade state court: against HAL for Jones Act negligence and maintenance and cure, and against Princess for maintenance and cure, unseaworthiness and negligence. The defendants removed the case to federal court and moved to compel arbitration in Italy under Article 18B of the agreement. Sisca argued that the agreement had expired before his injury, that he was on leave or in transit and not in active service, and that Princess had not signed the agreement. He also moved to remand the case.

Key holdings

1. Princess, which had not signed the agreement, cannot compel arbitration. It made no showing that British Virgin Islands law, which governs the agreement, recognises equitable estoppel in this context. As a result, the first Bautista requirement (a written agreement within the meaning of the Convention) is not met for Princess, and the claims against it are remanded. pp. 7–10
2. The claims against HAL fall within the broad arbitration clause even though the injury came one day after the employment agreement expired. The Jones Act and maintenance-and-cure claims would not be viable 'but for' Sisca's service on the vessel, so they arise out of that service (following Montero v. Carnival Corp.). pp. 11–14
3. The end of the employment agreement does not automatically make the arbitration clause inapplicable; broadly worded clauses survive expiry. The Maritime Labour Convention 2006 does not take the claims outside the clause, because it applies only to 'seafarers'. pp. 13–14 & n. 4
4. All four Bautista requirements for Convention jurisdiction are met as to HAL. Sisca did not contest the other three. p. 14
5. At the arbitration-enforcement stage, the only defence is that the agreement is null and void, inoperative or incapable of being performed. Sisca raised no further defence, so his claims against HAL must go to binding arbitration. pp. 14–15
6. The case is stayed pending arbitration rather than dismissed. pp. 15–16

Procedural history

1. 22 April 2020Sisca's employment contract with HAL expires; he is injured during the lifeboat transfer on 23 April 2020.
2. 22 June 2020Complaint filed in the Eleventh Judicial Circuit Court, Miami-Dade County.
3. 14 July 2020The defendants remove the case to the U.S. District Court, Southern District of Florida.
4. 9 November 2020Omnibus Order: arbitration compelled as to HAL, claims against Princess remanded, case stayed.

Tribunal, counsel and experts

Decided by

• Beth Bloom Judge, U.S. District Court, Southern District of Florida

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Keywords

• New York Convention Article I(1)
• motion to compel arbitration
• seafarer arbitration
• Jones Act
• maintenance and cure
• unseaworthiness
• non-signatory
• equitable estoppel
• British Virgin Islands law
• expired contract
• survival of arbitration clause
• Bautista prerequisites
• remand
• stay pending arbitration
• Princess Cruise Lines
• COVID-19
• Maritime Labour Convention 2006
• cruise ship crew

Summary generated with AI from the published documents — refer to the award for the authoritative text.