McAlpin Florez Marcotte is proud to announce that it recently obtained a favorable Order in an arbitration matter brought by a seaman against a major cruise line client, wherein the seaman asserted claims for Jones Act negligence, unseaworthiness, maintenance and cure, and failure to provide prompt and adequate cure.
After reviewing the parties’ legal briefs, the arbitrator, appointed by the American Arbitration Association International Centre for Dispute Resolution, issued an Order which agreed with nearly all of McAlpin Florez Marcotte’s arguments on key issues such as choice of law and the location of the arbitration. The seaman worked aboard Bahamian Flagged Ship, and McAlpin Florez Marcotte was successful in enforcing the terms of the seaman’s employment agreement.
The arbitrator ruled that Bahamian law governs the arbitration and that the final arbitration hearing will be conducted in the Bahamas. Additionally, the arbitrator ruled that the seaman may not be accompanied by her attorney or a court reporter at a future medical examination. Lastly, the arbitrator ruled that the seaman is required to arrange and pay for any interpreter services that she may require at the final arbitration hearing.
McAlpin Florez Marcotte takes a detailed and proactive approach in defending a wide variety of maritime cases.