Fnu Isanto v. Royal Caribbean Cruises, Ltd.

At a glance

Parties

Fnu Isanto, as personal representative of the estate of Fnu Pujiyoko, v. Royal Caribbean Cruises, Ltd.

Case no.

No. 20-cv-23715-BLOOM/Louis

Court

U.S. District Court, Southern District of Florida

Forum and rules

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

Treaty

Arbitration clause in the seafarer's Sign-On Employment Agreement and Collective Bargaining Agreement (arbitration in the Flag State, the Bahamas, under Bahamian law)

Sector

Cruise shipping; seafarer employment

Outcome

Motion granted in part and denied in part (23 October 2020). All claims were referred to arbitration and the case was stayed rather than dismissed.

The dispute

Fnu Pujiyoko was a seaman on Royal Caribbean's vessel Symphony of the Seas. He fell ill with COVID-19 symptoms on board in March 2020, was medically disembarked on 30 March 2020 and died on 11 April 2020. His father, as personal representative of the estate, sued in Florida state court on 4 May 2020. The claims were Jones Act wrongful death, unseaworthiness, failure to provide adequate medical care, and failure to provide maintenance and cure. Royal Caribbean removed the case to federal court and moved to compel arbitration under the employment agreement, which provides for arbitration in the Flag State under the New York Convention. The plaintiff argued that the employment had been terminated on 13 March 2020, so the arbitration clause had expired. He also argued that Jones Act claims cannot be removed to federal court, and that the clause was void under Thomas v. Carnival because it denied him meaningful remedies.

Key holdings

1. The Court did not consider Royal Caribbean's time detail report (offered to show that the decedent kept working until 23 March 2020), because the plaintiff disputed it. The Court did consider the employment agreement, which the complaint refers to and whose authenticity was not challenged. pp. 10–11
2. The delegation clause (SOEA ¶ 14; CBA ¶ 14) is clear and unmistakable evidence that the parties agreed to arbitrate questions of arbitrability. Following Martinez v. Carnival, whether the contract had terminated before the dispute arose is a question for the arbitrator, not the Court. pp. 12–14
3. The four Bautista jurisdictional requirements of the Convention were met. The plaintiff did not contest three of them. So arbitration is mandatory unless the agreement is null and void, inoperative or incapable of being performed. p. 15
4. Removal was proper. Under Eleventh Circuit precedent (Lindo, Trifonov), a Jones Act claim covered by an arbitration clause that falls under the Convention may be removed under 9 U.S.C. § 205. The FELA does not bar removal or arbitration. pp. 16–17
5. Thomas v. Carnival is not controlling law; Lindo controls. The argument that the foreign choice of law leaves the plaintiff without meaningful remedies is a public-policy defense. It is premature at the arbitration-enforcement stage and can only be raised at the award-enforcement stage. pp. 17–19
6. The Court stayed the case pending arbitration rather than dismissing it. The parties must file a notice after the arbitration saying whether the case should be reopened or dismissed. pp. 19–20

Procedural history

1. 30 March 2020The decedent was medically disembarked from Symphony of the Seas. He died on 11 April 2020.
2. 4 May 2020Complaint filed in the Eleventh Judicial Circuit, Miami-Dade County, Florida.
3. 4 September 2020Royal Caribbean removed the case to the Southern District of Florida under 9 U.S.C. § 205 and 28 U.S.C. §§ 1331 and 1333.
4. 23 October 2020Order compelling arbitration of all claims and staying the case; the case was closed for administrative purposes.

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
• motion to compel arbitration
• seafarer arbitration
• Jones Act
• COVID-19
• cruise ship
• Symphony of the Seas
• delegation clause
• arbitrability
• termination of contract
• removal 9 U.S.C. § 205
• Bautista v. Star Cruises
• Lindo v. NCL
• Thomas v. Carnival
• public policy defense
• stay pending arbitration
• Bahamas flag state
• wrongful death

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